Posted by David Leibowitz on March 17th, 2009 in Consumer Law, Automatic Stay, Fair Debt Collection Practices Act
You don’t need to file a bankruptcy to get your creditors to stop calling you. Under the Fair Debt Collection Practices Act, if you hire a lawyer, or a law firm, like Lakelaw, your creditors can no longer call you. Of course, you have to tell your creditors to stop calling you and to call your lawyer instead. You should tell them in writing. You can tell them by mail, fax or email. But you do have to tell them.
You could hire Lakelaw to try to negotiate a settlement with creditors.
Or you could ask Lakelaw to defend against credit card debt that you don’t own. Maybe you’re not liable on the credit card. Maybe the credit card company can’t prove that it owes you money. Maybe the credit card debt is for a relative of yours who died. Or maybe the credit card claim is long past the statute of limitations – a so called “zombie debt.” Or maybe you dispute the amount owed or the interest rate or late charges imposed. Lakelaw defends people against credit card claims.
Maybe you are planning to file a bankruptcy case. If so, Lakelaw can make people stop calling you just because we represent you.
If the creditors or collection agencies keep calling you, they are violating the Fair Debt Collection Practices Act. And then Lakelaw can sue the creditors and recover damages and attorneys fees for you.
After your bankruptcy, creditors must stop bothering you. If they don’t they are violating the automatic stay of the bankrutpcy code. Lakelaw can recover damages for wilful violations of the automatic stay in the bankruptcy court.
Keep good records. Find out who called you, where they are calling from. Document when they called and what they said. More information is available about Fair Debt Collection Practices Act at Lakelaw’s Consumer Law pages