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​Peterson Zeyer Law - Bankruptcy Blog

​ Are Creditor Harassing you?  Know your rights!

4/20/2022

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Should you fall behind in paying your debts, or if an error is made on your account, it is likely that you will be contacted by what is known as a “debt collector”. A debt collector is a person, other than the original creditor, who collects debts owed to others. During this collection process you have the right to be treated fairly.
 Your rights are listed in The Fair Debt Collection Practices Act (FDCPA). This federal law prohibits debt collectors from engaging in unfair, deceptive, or abusive practices while collecting debts. You can learn a lot about your rights from the Federal Trade Commission's web site.
Under the FDCPA:
  • Debt collectors may contact you only between 8 a.m. and 9 p.m.
  • Debt collectors may not contact you at work if they know your employer disapproves. You may request to have them call you either before or after work, but you must be willing to answer the phone during your requested times.
  • Debt collectors may not harass, oppress, or abuse you.
  • Debt collectors may not lie when collecting debts, such as falsely implying that you have committed a crime. (If this does occur this could be a sign that you are dealing with a scammer.)
  • Debt collectors must identify themselves to you on the phone.
  • Debt collectors must stop contacting you if you ask them to do so in writing.
It is also necessary to remember that if a creditor contacts you on a debt that was discharged through your bankruptcy, they are violating the Federal Discharge Order.  If this is happening to you, you may have a cause of action against the debt collector.  Call us and we can help determine what options you have.
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If you feel that your rights have been violated in any way, call Peterson Zeyer Law and set up a free consultation. We will be able to help you through the necessary steps to put a stop to oppressive debt collectors. 
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