Debtors’ Rights: What you need to know in 2017
If you’re considering bankruptcy, you know the constant hassle of debt collectors. They contact you at all hours of the day, change phone numbers and mail letters constantly. They might even show up at your door. It may seem like there’s nothing you can do, but you have rights. The Fair Debt Collection Practices Act defines your rights, and disregard for debtors’ rights is illegal. A bankruptcy attorney in Phoenix can assist you should these collectors continue to hound you. Meanwhile, empower yourself by learning what your rights are in these situations.
There are different forms of harassment that are in fact illegal. If they publicly publish your name as a debtor, threaten physical harm or repeatedly call you or others on the phone then it may be considered harassment. With a bankruptcy lawyer on your side, these tactics will stop.
A debt collector is not allowed to make false statements regarding you or the debt. Under this regulation, they are not able to imply they represent the government or an attorney unless they actually do. They can’t imply you have committed a crime or that they work for a credit bureau, unless it is actually true. The amount they state you owe must be accurate, and they can’t threaten you with legal paperwork when no paperwork is being filed. They also can’t say they will have you arrested or have your wages garnished. The only way they can legally state your wages will be garnished is if they have obtained a court order to do so.
Collection Agency Regulations
While it may seem like collection agencies follow their own rules, there are guidelines they can’t cross. If they do, contact a bankruptcy AZ attorney for assistance. These regulations state they can’t give false information to a credit bureau or deposit a post-dated check earlier than a date you have written on the check, nor can they force you to pay over the telephone or telegram. The collection agency is prohibited from falsely identifying itself and from sending non-official information while making it look official (such as look-a-like government stamps and envelopes).
You have your rights. It is important to seek legal assistance if debt collectors impose on these rights.