While many business follow the law and attempt to collect debts in an ethical manner, some unscrupulous collectors attempt to skirt the law in an attempt to gain an unfair advantage and to prey upon those who do not know what their rights and options are. 

Whether you owe the debt or not you have the right to not be verbally abused, harassed, or threatened with actions that the collector cannot legally take. Bankruptcy is not your only alternative. 

If you are receiving threatening phone calls or emails do not be afraid. Often, unscrupulous debt collectors are making threats that they cannot legally keep. In the event of creditor harassment I advise you to contact me or another qualified consumer advocate as soon as possible. I also advise you to document as much as possible. Keep a call log of all incoming calls including the name of the creditor, his employer, the original creditor, the account number, the balance, and any comments by the collector. The more information I have, the better I can advise you. A sample call log is available under the FORMS section of my website. Also, I have seen cases where the harassment stops once the bill collector is put on the spot with pointed questions about the account. Remember, it is your money, and if someone else wants it they better be able to give you a good reason why they should have it. Also, save all written correspondence.

Things like profanity, name calling, verbal abuse, publication of your alleged debt, threats of violence, and threats have you charged criminally are generally prohibited. Rarely, if ever is it a criminal matter if a debt is not paid. Furthermore, under the FDCPA creditors are not to call you before 8 a.m., or after 9 p.m., or at your place of employment once you have placed them on notice that your employer does not permit you to take such calls.

Bankruptcy is not your only alternative. There are a number of State and Federal Laws designed to protect the individual consumers from harassment by creditors. Consider this, if an unscrupulous bill collector is violating the Fair Debt Collection Practices Act there is no guarantee that they will respect the automatic stay or the discharge of your debt that bankruptcy may grant.

In addition, if someone is claiming to be an attorney licensed to practice in the State of Texas you may look them up on the State Bar’s website. A link is available under the RESOURCES tab.

Contact me for a free consultation.