After creditors charge debts off they will often sell it or send it to debt collectors for collection. Collection calls pour in all hours at home and work because they place accounts on automatic dialing machines. If you’ve filed bankruptcy but the calls keep on coming, then the debt collection companies have violated the stay and you may have a right to file a contempt action against them to recover actual damages and attorney fees.

Suing Creditors

If the process seems excessive, you probably have a right to protect yourself from debt collection harassment. If they have been contempt of the bankruptcy order you may even profit by it. The Fair Debt Collection Practices Act gives you rights but only protects you from 3rd party debt collectors not from the original creditor. If you have filed bankruptcy and obtained a discharge you have the right to sue creditors that continue collection attempts after they have been ordered not to.

The Fair Debt Collection Practices Act states you have the right to request you only be contacted by mail for debt collection efforts. You may verbally request not to be called at home or work anymore, but unless you send a certified letter outlining your request you have no proof that you ever made such a request.  Remember the Fair Debt Collection Practices Act only applies to debt collection agencies or attorneys and the bankruptcy discharge protects you.

Stop Collection Calls

Credit card companies will attempt to collect for about 6 months before turning your account over to collection attorneys or debt collection agencies. State laws normally require that credit card companies to stop unfair collection calls once they are notified in writing, again by certified letter, and these laws can help you stop collection calls.

Even after you send a certified letter asking to only be contacted by mail, attorneys and debt collectors are allowed to call you under certain circumstances.  Debt collection agencies can phone to tell you that they are turning over your account to an attorney or if the status of your account changes. Attorneys and/or debt collection agencies can always call to let you know if they are suing you for the debt that you owe.

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