| Abusive Practices By Debt Collectors |
The Federal Trade Commission reports that complaints about debt collectors have risen 50% in 2009 and this year they expect a 13% increase over last years number of complaints See the Article. In addition, complaints of debt collectors using obscene or abusive language spiked 35% from last year. It is often my experience that when a potential client comes into our office and is behind on their bills they will tell me about the abusive practices of some of the collectors for their debts. Often it will be phone calls at work, phone calls to relatives, abusive language, threats to sue or send the sheriff out to arrest the person, divulging personal information to the person's employer, and constant phone calls at all times of the day and night.
Whether a person files a Chapter 13 Learn More about Chapter 13 or a Chapter 7 Learn More about Chapter 7 with a Chicago Bankruptcy Attorney like us, the creditors phone calls must stop. Once a person files the case an automatic stay goes into place which stops creditors from suing, collecting, or harassing you to pay any debts. The automatic stay is your protection from creditors.
Further, the Fair Debt Collections Practices Act or FDCPA provides a civil remedy for any creditor who uses abusive or deceptive debt collection methods. It provides for damages of $1000 for each violation, compensatory, and sometimes punitive damages, as well as attorney fee's Learn More about Creditor Harassment and the FDCPA from the FTC's website. Common violations of the statute will commonly be one of the following:
1. Threats to use violence to collect the debt, or abusive or profane language
2. Causing the telephone to ring excessively, to annoy or abuse the person, or calling after 9 pm at night or calling the persons employer and divulging personal information or defamatory information to a third party.
3. False or misleading representations by the debt collector (the person saying they are with a state agency or the police department, or an attorney etc).
4. unfair or unconscionable means to collect a debt
5. and the failure to validate the debt after an initial communication
As an Experienced Chicago Bankruptcy Lawyer we often hear from our clients that they want to pay their bills, but the vast majority don't have the ability to do so. We realize that if you had the money to pay your creditors you would not be speaking to us and that bankruptcy is usually your last resort. We will help you lose your debt while still maintaining your dignity!
Marc
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Posted By Marc Wagman on July 09, 2010 09:00 am | Permalink  |