Many people have had some sort of experience dealing with creditors trying to collect on a past due account. Whether you simply forgot to pay a bill, your payment got lost, or you are struggling financially and cannot afford to make a payment, getting a phone call from a collection agent is unnerving. If you cannot pay the bills and you have not filed for bankruptcy protection, dealing with harassment from debt collectors can be difficult to handle.
We have previously posted on what creditors cannot do in trying to collect a debt. To learn more, please read our blog titled “Limits For Debt Collectors.” Below is a list of actions creditors and debt collectors are allowed to take against you:
- Creditors can hurt your credit score. They are allowed to report late payments and defaulted loans to the credit bureaus which negatively impacts your score.
- Creditors and collectors are allowed to contact you. There are certain restrictions on when they can call (between 8 a.m. and 9 p.m. local time), but there is not a limit on how many times in a day they can call you. Creditors are allowed to call you at work, unless you specifically ask them not to do so. The court will determine whether you have been “harassed” by a collector based upon the facts of you circumstances.
- Creditors can file a collection lawsuit against you. If you are served with a lawsuit, you should immediately check the statute of limitations to determine if their right to sue to collect the debt has expired.
If a debt collector is being overly aggressive or abusive with you, it is important to stay calm. Keep a log of the date, time and name of the caller. You should also write a few notes about what was discussed in the telephone call. Try to keep the conversation as short as possible because the more you say, the more information they may be gathering to use against you later. For example, do not promise to make a payment if you do not intend to do so.
If you are ready to obtain relief from the harassing debt collectors, contact us to discuss filing a personal bankruptcy case. We can review your debts and help you understand how a Chapter 7 or Chapter 13 will benefit you.
If you are considering filing for bankruptcy protection, let us help. We understand how important your bankruptcy case is to you, and we will handle it with the discretion and dedication that have become our calling cards. Contact the Milwaukee bankruptcy attorneys of the DeLadurantey Law Office, LLC today by calling 414-377-0518. Like us on Facebook.