Turning the Tables: Three Ways to Pursue Action against a Debt Collector

When you are in over your head in debt, it’s likely you feel like you are being harassed by incessant calls from debt collectors at all hours of the day to the point where they just want to change their phone number. You have enough to worry about without hearing the phone ringing 24 hours per day. While many of these debt collectors are admittedly just doing what they’re told, their behavior often constitutes borderline harassment. How many times have you said “I wish I could take them to court for this!” Luckily for you, there are few instances in which this is possible.

Calling Outside of the Legal Window of Time

Debt collectors are forbidden from calling debtors outside of the house of 8 a.m. to 9 p.m. Calls outside of this timeframe violate the Federal Fair Debt Collection Practices Act (FDCPA). It is also against the law for collectors to call outside times that the debtor has documented as inconvenient during previous phone conversations.

Discussing Debts with Others

You may have taken a call from a collection agent and been told it was in regard to a friend or loved one about a “personal” business matter. The reason for this ambiguous language is because debt collectors are forbidden from disclosing the nature of a debtor’s finances to anyone but their spouse. If information about your debt is disclosed to someone other than you or your spouse, you should contact a bankruptcy lawyer who can protect your rights under the FDCPA.

Calling after You’ve Retained an Attorney

One more violation of the FDCPA is when a debt collector calls even though they know you’ve retained an attorney. This is almost like the police asking you questions without your lawyer present. The main reason for this is the consumer may intend to file for bankruptcy and they’ve probably told the collector to stop contacting them. Unfortunately, it is not uncommon for collectors to continue their calls even after you’ve told them that you’re represented by counsel.

If you’re filing for bankruptcy you may be too preoccupied with trying to save your own finances to exact your pound of flesh against overzealous collection agents. Nevertheless, in addition to helping you file, it pays to have an experienced bankruptcy attorney in your corner in case the calls don’t stop coming.

Joel R. Spivack Esq. will explain your rights and get the collection agents off your back. He will be by your side every step of the way toward your fresh financial start. Call today for a free consultation.

We are here to help you.

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Attorney Joel R. Spivack is an experienced bankruptcy and residential real estate transactions lawyer in Cherry Hill, New Jersey. Clients come to us for legal services, but what we really provide is peace of mind. For more than 30 years, Attorney Spivack has helped people make wise, informed decisions about bankruptcy filings, debt relief options and residential real estate transactions.
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