For a lot of my clients, the one thing that pushes them to decide on bankruptcy is the harassing, annoying, and down right oppressive phone calls and letters they receive from their debt collectors.
Ignore the Phone Calls
You can ignore the phone calls. With cells phones and callers IDs, this is a lot easier then pre caller ID. Debt collectors still try to trick you by using different phone numbers each time they call. Not to mention they call two, three, or an unbearable amounts of time each day.
Ignore the Snail Mail
Then there’s the letters they send threatening lawsuits, stating a lawsuit has already been filed, or just plain threatening to throw you in jail if you don’t pay.
FDCPA & Rosenthal Act
All third party debt collectors are governed by very strict Federal (Fair Debt Collection Practice Act) and State (Rosenthal Act, i.e. California version of FDCPA) laws regulating how they can collect on a debt you owe. These regulations range from These regulations are often strict liability; meaning one violation is a violation coming with statutory damages and attorney fees.
What does this mean for you?
This means, that while you are considering bankruptcy or perhaps just gathering the necessary paperwork and fees to file, you can potentially go after your debt collectors for violations and be able to get some debts forgiven, discounted, or just cash money in your pocket!
If you think a debt collector is being oppressive, harassing, or threatening in any way or form in which they contact you, please reach out to us and let us know. We may be able to negotiate down, negotiate a waiver of your debt, or at least be able to get some money in your pocket!