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Harris-Courage & Grady, PLLC March 16, 2016

Excessive debt is extremely stressful. It’s very difficult to deal with constant phone calls and letters from people demanding money you don’t have.

When people are being harassed by debt collectors, it’s common for them to go into hiding. However, this is the worst thing you can do.

While you’re hiding from collections agencies, your debt and the damage to your credit just increase. Ignoring the problem will not make it go away.

The quickest way to eliminate your excessive debt is to file bankruptcy. Once you have hired an attorney, the collections agencies must contact your New York bankruptcy lawyer instead of you. Bankruptcy will stop all collections actions against you. It will eliminate your debts and give you a fresh financial start. If debt collectors are harassing you, give our office a call to discuss whether bankruptcy is a good option for you.

If you’re dealing with debt collectors and you aren’t ready or able to file bankruptcy, you should read over the Fair Debt Collections Practices Act (FDCPA). Debt collectors are notorious for breaking the law when trying to collect debts. Here are some important parts of the FDCPA for you to be aware of:

  • A collection agency cannot threaten you with arrest. You will not go to jail if you are unable to pay your debt.

  • Collection agencies can only call between 8 AM and 9 PM. Any calls outside of this time are illegal.

  • Collection agencies cannot pretend to be court employees or attorneys. They cannot send letters that a reasonable person would assume came from an attorney or the court.

  • Collection agencies cannot use inappropriate language, such as swearing.

  • Collection agencies cannot contact your friends, family members, or employer regarding your debt. You are the only one with whom they can discuss it.

It’s a very good idea to keep a log of contacts you receive from collections agencies. You should write down the date, time, name of the person you spoke with, and what was said. If there are any violations of the FDCPA, you want to note it in your log. You should also keep all letters you receive from collections agencies.

If a collection agency has violated the FDCPA, you can sue. Any violation of the FDCPA results in a $1,000 fine. If you think one of your collections agencies has been violating the FDCPA, give our office a call.

Now is the time to deal with your debts. You don’t have to keep avoiding the phone and living in fear of debt collectors. Call our office for your free, confidential, no-obligation phone consultation with a New York bankruptcy lawyer to learn more about your best option for dealing with your debt collectors.