Kentucky Fair Debt Collection Practices Act FDCPA Bankruptcy Contempt

Debtors run into two types of problems from creditors after a bankruptcy is filed.  First some creditors have no respect for the bankruptcy court.  There are two court orders 1) the stay which is in effect during the case and 2) the discharge which is the permanent court order at the end of the case.  The stay is more powerful and punishment for violation of the stay means larger fines and awards.  The creditor will often deny he ever sent a letter or made a phone call and it is your job to gather the evidence.  We ask clients to add the app on their phone “record all calls” so you make a record of every phone call which can’t be denied.  If a creditor Practices merely asks who is your attorney it probably isn’t a violation but creditors clearly can’t harass, collect or take property after the case is filed without filing a motion.

If a creditor attempts to collect after a Bankruptcy it is not only contempt, it is also probably a FDCPA violation.  Suing the creditor back often gives you enough back to pay for a bankruptcy if the behavior is improper and untruthful, lacking respect or harassing. Here are most of the major acts which violate the Fair Debt Collections Practices Act. Be sure to share our infographics and articles if they will be helpful.  The Fair Debt Collections Act applies to

  1. A Debt Collector (must be collecting for another)

    Kentucky Fair Debt Collection Practices Act FDCPA Bankruptcy Contempt

    Kentucky Fair Debt Collection Practices Act FDCPA Bankruptcy Contempt

  2. who attempts to collect a consumer debt
  3. in violation of any of the 29 sections in collecting the debt.

Here is my PowerPoint on Suing Creditors for Bankruptcy Contempt and the FDCPA

This is just a partial list of violations you can sue them for.  The complete list is here You can also get a collection log from us to help you keep track of any improper contacts.  The log is in our download section.

1)     Numerated FDCPA violations Contacting third parties 15 USC §1692 b

      1. §1692 b (1) Failing to identify themselves or failing to state they are confirming or correcting location.
      2. §1692 b (2) Stating that the debtor owes any debt to any 3rd party
      3. §1692 b (3) Contacting any party more than once, unless requested to do so.
      4. §1692 b (4) Using postcards or notes
      5. §1692 b (5) any language or any symbols on any envelope or communication indicating it is a debt collection business.
      6. §1692 b (6) Any communication with the debtor after notice the debtor is represented by an attorney.

2)     Numerated FDCPA violations Prohibited Communication Practices 15 USC §1692 c

      1. 1692 c(a)(1) Contacting the Debtor using unusual time or places before 8 am after 9 pm.
      2. 1692 c(a)(2) Contact after the collector knows the client is represented by an attorney.
      3. 1692 c(a)(3) Contact at a place of employment when it knows it is prohibited.
      4. 1692 c(b) Contact with anyone except consumer, credit bureau or his attorney concerning the debt
      5. 1692 C (c) After any written notice the consumer refuses to pay the debt or wants communication to cease.

3)     Numerated FDCPA violations Harassing Communications 15 USC §1692 (d)

      1. 1692 (d) Any conduct where the natural consequence of is to harass, oppress or abuse any person
      2. 1692 (d)(1) Communication used to threaten violence or other criminal means to harm
      3. 1692 (d) (2) Profane or abusive language
      4. 1692 (d) (3) Publication of a consumer who allegedly refuse to pay a debt
      5. 1692 (d) (4) Advertise a debt for sale
      6. 1692 (d) (5) Repeated telephone communications
      7. 1692 (d) (6) Place phone calls without disclosing their identity

4)     Numerated FDCPA violations False or Misleading Communication 15 USC §1692 (e) (over 16 acts)

      1. 1692 (e) False, deceptive, misleading representation in connection with debt collection
      2. 1692 (e) (1) Representation of any affiliation with the US or a state including any badge, uniform or facsimile
      3. 1692 (e) (2) Character amount or the legal status of the debt
      4. 1692 (e) (3) Any individual is an attorney or the communication is from an attorney
      5. 1692 (e) (4) Nonpayment will result in an arrest or garnishment
      6. 1692 (e) (5) Threaten to take an action that cannot be legally taken or is not intended to be taken
      7. 1692 (e) (6) Sale or transfer of the debt which would cause a consumer to lose a defense or claim

5)     Numerated FDCPA violations Unfair Practices 15 USC §1692 (f) (9 acts)

      1. §1692§ b (1) Failing to identify themselves or failing to state they are confirming or correcting location.
      2. §1692§ b (2) Stating that the debtor owes any debt to any 3rd party
      3. §1692§ b (3) Contacting any party more than once, unless requested to do so.
      4. §1692§ b (4) Using postcards or notes
      5. §1692§ b (5) any language or any symbols on any envelope or communication indicating it is a debt collection business.
      6. §1692§ b (6) Any communication with the debtor after notice the debtor is represented by an attorney.

6)     Numerated FDCPA violations 30 Day Validation/Notices 15 USC §1692 g (7 acts)

      1. §1692§ b (1) Failing to identify themselves or failing to state they are confirming or correcting location.
      2. §1692§ b (2) Stating that the debtor owes any debt to any 3rd party
      3. §1692§ b (3) Contacting any party more than once, unless requested to do so.
      4. §1692§ b (4) Using postcards or notes
      5. §1692§ b (5) any language or any symbols on any envelope or communication indicating it is a debt collection business.
      6. §1692§ b (6) Any communication with the debtor after notice the debtor is represented by an attorney.

WHAT TO DO IF YOU ARE A VICTIM OF A DEBT COLLECTOR

  1. Limit any conversation with them to gathering information from them. What is their address, who are you talking to? You will have to look at your records to see if you owe such an account or are behind on it.   Do not answer questions. They record the call primarily as an admission to be used against you in court. They also use it to train employees on how to make more effective calls. They are not using it for “quality control purposes”.
  2. Explain it is embarrassing or you are not allowed to talk to them on the phone at the number they are calling. Please put that number on a do not call list.   If you are represented by an attorney they should call the attorney. Ask them to only communicate to you in writing. Record any calls to you if you can.
  3. Tell them you dispute the debt, and that you will get back to them with your lawyer’s information.
  4. IF you have a lawyer for a Bankruptcy or the matter give the debt collector his contact information.
  5. Keep a log of who called. Download our contact form from our forms page or call us. Take a picture of the Caller ID, if you can and keep records. Most states allow you to record the call. Only one state to our knowledge makes it illegal to record incoming calls. In Kentucky and Indiana you do not have to advise the caller that you are recording the call. On your cell phone you can use and application called record all calls.
  6. The UDCPA provides a minimum of 1,000 dollars in actual damages for an unfair debt collection practices act violation plus attorney fees. The call often will violate other laws such as the bankruptcy stay. BUT YOU MUST PROVIDE EVIDENCE OF THE CALL SUCH AS TELEPHONE RECORDS OR A RECORDING.

Here is my PowerPoint teaching how to sue creditors for contempt.

Bankruptcy Contempt and the FDCPA suing Creditors for Contempt in Bankruptcy Court

Contact us and make an appointment at

Nick Thompson 502-625-0905.Nick Thompson502-625-0905 Fax 502-615-0940

[email protected]

800 Stone Creek Parkway Suite 6 Louisville KY 40223