When you hire Sawin & Shea for your bankruptcy, we give you a phone script that helps you handle collection calls. After you retain the firm, creditors must stop calling you once they have notice of our representation. During your bankruptcy, bill collectors are required to follow certain rules for phone calls and other communications, and they are legally required to stop calling you.
It’s very important that you use this phone script and follow exactly what it says. Here’s some additional information about how to handle collection calls properly when you’re working with a bankruptcy attorney.
How to Use Your Collection Call Script
A collection call script does two main things. First, it reminds callers of the federal law that limits debt collection calls and makes it clear that they will be breaking the law by continuing to contact you. This warns them not to keep calling, plus it gives you a chance to log the call and report it to your attorney.
In addition, your call script informs them that you have legal representation and that they should contact your attorney instead. This is a huge stress reliever for you because you can simply refer them to your attorney and minimize the time and hassle involved with phone calls.
Important Things to Know About Collection Calls
There are also a few important things you should keep in mind about talking to collection companies and creditors. These tips will help you handle collection calls correctly.
During your bankruptcy process, you might receive calls from collection agencies as well as the original creditors. Pay attention to who’s calling and log the date, time, who called, and exactly what was said.
Some of the phone calls you receive will be from automated machines. But don’t hang up! It’s important that you listen to the automated message, push the buttons required to get to a person, then read the phone script to them.
If you don’t do this, the calls may continue and you’re also not getting your message through to them. When you talk to a human being, keep notes as to who you spoke to and that you advised them of your bankruptcy status and your attorney’s contact information.
Let’s say they keep calling after you’ve already advised someone from that company that you have representation. If this happens, please contact us immediately. The caller may be violating bankruptcy or other federal collection laws and may face penalties for doing so.
They’re also prohibited from threatening you, using obscene language, calling relentlessly, and contacting you during certain hours. They can’t misrepresent who they are by implying they work for a government agency or credit bureau. And they can’t claim they’re going to take action they won’t or aren’t legally allowed to take. So talk to your bankruptcy attorney right away if you suspect a caller is breaking any of these rules. It could also mean money in your pocket!
Your Bankruptcy Lawyer Looks Out for You
As you can see, hiring a bankruptcy lawyer is a huge benefit in terms of minimizing collection calls and finally getting some peace back in your life. It’s very important to keep us informed of any communication or phone calls that you are receiving from creditors.
You could be financially rewarded for playing by the rules, even if your creditors don’t. Some of our clients have recovered substantial statutory damages of $1000 or more, depending on who was calling them and how often it happened.
This is an opportunity to prevent creditor harassment and turn the tables on your creditors when they don’t follow the law. It’s a valuable bankruptcy strategy you can use with the help of your bankruptcy attorney at Sawin & Shea.
Call us today for a free consultation. We’re here to help you end the constant stream of collection calls and find new financial freedom through bankruptcy.
Sawin & Shea—Indianapolis Bankruptcy Attorneys
Filing for bankruptcy is not the end. It’s the beginning of a new financial life for you. The Indiana bankruptcy attorneys at Sawin & Shea can help you get rid of overwhelming debt and advise you on life after bankruptcy. We are here for you during this life-changing process.
Please do not hesitate to call us today at (317) 759-1483 or send an email for a free consultation. We are ready to help.
Hello, this is Richard Shea with Sawin and Shea. I want to talk to you a little bit today about collection calls and how to handle them. As you know, when you hire the office, we’ll be sending you home with a phone script on how to handle collection calls. It’s very important that you use this phone script as it’s going to provide specific information to creditors when they call you. The first thing it’s going to inform them is that number one, they’re not supposed to call you. Number two, it will advise them that you have legal representation, and number three, it will provide them that information so they can contact your attorney.
Now, this is very important when you’re talking with collection companies and original creditors. Some of these phone calls will actually be from automated machines. It’s important that you listen to the automated machine and get to a person and then read the phone script to them. When you talk to an individual, you want to make sure you keep notes as to who you spoke to and that you advised them of your representation and your attorney. If after you’ve advised them one time that you have representation and you get additional phone calls on top of that, please contact us immediately.
It’s very important that you keep us informed if any communication or phone calls that you are receiving from collection companies and original creditors. Phone calls from collection companies or from automated machines can lead to you recovering substantial damages and statutory damages of anywhere from a thousand dollars or potentially more, depending upon who’s calling you and how often they’re calling you. Look at this as an opportunity to not only prevent the harassment but to turn the tables that if creditors do not follow the law, you do have recourse again. Again, this is Richard Shea with Sawin and Shea. Call us if you have any questions.