What can you do, if anything, about the constant collection phone calls you are receiving on your home phone or cell phone? The law basically puts no limits on how many times bill collectors can call you per day about past due accounts. Is there anything besides filing for bankruptcy to make the phone stop ringing.
There is a law called the Fair Debt Collection Practices Act that does offer some protection. But the FDCPA only applies to collection agencies and not the actual creditor. Further law language of the law is vague in that it prohibits calls at “inconvenient” times. It is presumed that a convenient time to get collection calls is between 8AM and 9PM.
The FDCPA also prohibits threats of violence, the use of obscene language, and calling with intent to harass or annoy.
Again, the FDCPA only applies to collection agencies, but not to actual creditors.
While you could take a bill collector to court for an FDCPA violation, you need evidence (such as recorded phone calls or letters that contain prohibited language). You would have to file suit in federal court and the most you can recover is $1,000 + “actual damages.”
There are attorneys you can find who handle FDCPA litigation but my experience has been that securing the right kind of evidence can be an issue.
If you are being harassed by bill collectors you can send them a “drop dead” letter asking them not to call you at all – but this may result in the filing of a lawsuit sooner rather than later.
The problem, of course, is that most folks who are far enough behind on a bill that they are receiving collection calls are most likely delinquent to multiple creditors. I have had clients tell me that they are receiving 60, 80, even 100 collection calls every day.
Filing Bankruptcy Ends Harassing Phone Calls
The one sure strategy to end the collection phone calls is to seek protection under the bankruptcy laws. Most people qualify to file either Chapter 7 or Chapter 13 debt consolidation, and some qualify for both and have the option to choose.
Either way, the minute your attorney presses “file case” and a case number is generated you are protected. The next time the phone rings you answer and say “I have a bankruptcy case number so leave me alone!” If a creditor or collection agent continues to call you can sue that collector for damages in bankruptcy court.
If you are being bothered and harassed by bill collectors, it makes sense to talk to a bankruptcy lawyer about your options. At Ginsberg Law Offices, we never push anybody into filing as we see bankruptcy as a last resort. However, sometimes it can be the right choice and we can reach that conclusion together.