You thought the phone calls were over – and they should be. That’s why it can be especially disheartening if creditors keep calling. Who knows how to get debt collectors to stop calling after bankruptcy? How long after filing for bankruptcy do collectors keep calling? Why would such a thing even happen? There are three reasons:

1. Some creditors simply haven’t yet received the message that you have filed for bankruptcy. Possibly the information hasn’t yet been processed and had the chance to filter through their system. This can be the case with small enterprises or with multi-level corporations.
2. Some creditors are actively trying to take advantage of you. They may be fully aware that an automatic stay is in place, but are hoping that you don’t understand your rights and will be scared into paying something.
3. You may be hearing from creditors who will not be affected by your bankruptcy. Some debts are not dischargeable:
   
   • Student loans
   • Some taxes
   • Overdue child and spousal support
   • Debts arising from willful and reckless acts, embezzlement, fraud, or larceny
   • Any debts you did not list when you filed for bankruptcy (unscheduled debts) unless the creditor learns of your bankruptcy case.

How to stop debt collector calls after filing for bankruptcy:

1. Answer the calls. You have already taken a positive step and have no need to fear phone calls from people who shouldn’t be contacting you; they are in the wrong.
2. Get the name (or employee number) of the person you are speaking to and write down all details of the call, including the date, time, company involved, and what was said. Keep all documentation, including voice messages.
3. Inform the caller that you have filed for bankruptcy and tell them to stop contacting you. Give the caller your case number.
4. If calls (or letters) continue, contact your bankruptcy attorney. Under the FDCPA (Fair Debt Collection Practices Act), third-party debt collection agents are not allowed to contact you asking for payment once you have filed for bankruptcy. It is illegal. The bankruptcy attorneys at Sawin & Shea, LLC can answer your questions and enforce your rights. At the very least, we can make sure that all information has been updated in the company’s system, and if necessary, we can pursue legal action against those who continue to illegally harass you so that you can receive compensation for your mental and emotional stress.

What if my debt cannot be discharged?

If you are being contacted about debt that is not dischargeable, you still have rights under the FDCPA. Debt collectors are not allowed to do the following:

• Call repeatedly
• Call before 8:00 a.m. or after 9:00 p.m.
• Call without identifying themselves
• Disclose your information to third parties
• Use abusive or offensive language
• Contact you after you have provided written notification that you do not want to be contacted
• Claim to be affiliated with any governmental organization if they are not
• Misrepresent the character, amount, or legal status of a debt (in other words: lie)
• Threaten to take action which is not actually intended to be taken
• Threaten to communicate or actually communicate false credit information

What if my debts have been discharged and the creditor calls keep coming?

After your bankruptcy, your creditors will receive notice of your bankruptcy discharge order. It’s not common, but sometimes debt collectors continue to demand payments from people who have had their debts discharged. If this happens to you, follow the steps outlined above.

Don’t hesitate to contact Sawin & Shea, LLC. We can inform the bankruptcy courts of what is happening, and the courts may levy fines or penalties. If necessary, we can begin legal proceedings against the debt collector who is continuing to harass you. 

A qualified legal professional knows how to get debt collectors to stop calling after bankruptcy and can help you navigate the stress of debt collectors who may or may not be obeying the law. The Indiana bankruptcy attorneys at Sawin & Shea, LLCpursue collection agencies who violate the FDCPA law, during and after your bankruptcy case. If you are struggling with creditor calls, contact us at 317-759-1483 or Send an Email for a Free Consultation. We are ready to help.

The post How to Get Debt Collectors to Stop Calling after Bankruptcy appeared first on Indianapolis Bankruptcy Attorneys of Sawin & Shea.

Businesses or individuals who collect debts on behalf of others are known as debt collectors. The majority of debt collectors work for reputable collection companies. Doctors, hospitals, shops, mail-order businesses, and occasionally banks and loan firms all use collection agencies. The majority of lawyers who collect debts on behalf of their clients are also considered “debt collectors” under federal law. In this blog, we discuss what debt collectors in Indiana can and cannot do according to the law. 

When Are Debts Covered By the Law?

The Fair Debt Collection Practices Act is a federal law that protects consumers from harassment from debt collectors. Under this law, debt collectors are required to treat consumers fairly, and consumers are given important rights. Personal, family, and household debts are all covered under this act. As an example, if you owe money to a jewelry store and the store tries to collect the money from you itself, it is not protected under the FDCPA. However, if the store hires a collection agency or attorney to collect the debt, these entities are covered by the act. 

What Debt Collectors Can and Cannot Do

It’s important to know your rights when dealing with debt collectors. These agencies must abide by the law. When they don’t, you may be eligible to sue the collection agency for violating consumer protection laws. It is illegal for debt collectors to engage in the following practices: 

Harassment

Debt collectors may not use language, engage in conduct, or communicate in ways that would harass, oppress, or abuse any person. Additionally, they may not:

• Threaten to harm your reputation, your body, or your property.
• Declare publicly that you owe money, or add your name among others who “refuse to pay their bills.” It is NOT prohibited by this for debt collectors to add accurate information to your credit report, however.
• Make use of vulgar or filthy words.
• Make your phone ring non-stop in a way that would be seen to be oppressive or unpleasant.
• Call you before 8:00 am or after 9:00 pm your time.

Though it is illegal for a debt collector to threaten you, they can pressure you to pay off your debt, which may include daily calls, frequent letters, or talk of pursuing a lawsuit against you.

False Statements

Specifically, debt collectors may not:

• Provide the erroneous impression that they are a lawyer or a representative of the government.
• Give the idea that you have broken the law or have done anything else wrong by not paying a debt.
• Convey a misleading sense of affiliation with or ownership of a credit bureau.
• Misrepresent the quantity, nature, or legal standing of a debt.
• Erroneously claim that the documents they are delivering to you are legal ones when they are not.
• Falsely state that the documents they are providing you are not legal documents when, in reality, they are. 
• State that they will take action against you even though they do not intend to or are unable to do so legally.

Debt collectors can, however, sue you for repayment of an unpaid debt as a last-ditch effort. Since debtors usually do not show up to court, these cases usually result in wage garnishment.

Unfairness

Debt collectors may not: 

• Attempt to collect any amount above the sum you actually owe, unless the law specifically permits such an amount.
• Deposit a postdated check more than five days before the check’s due date without notifying you in advance of their intended deposit time.
• Request a postdated check with the intention of threatening legal action or early cashing.
• Require you to pay for telegrams or collect calls.

Contact an Attorney Today

Do not allow yourself to be intimidated by these unfair practices. Call us today! The attorneys for Sawin & Shea have appeared on nearly 1,000 FDCPA cases and can help you possibly receive money before you file bankruptcy. If you believe that you have been the victim of unfair debt collection practices, please contact us. We take cases on a contingency fee basis, which means no money comes out of your pocket!

If you’re ready to receive assistance with your debts or if you want to learn more about how our attorneys can help, call us at 317-759-1483. You can also click here to schedule a free, no-risk consultation with one of our attorneys to review your situation.

The post What Debt Collectors Can and Cannot Do in Indiana appeared first on Indianapolis Bankruptcy Attorneys of Sawin & Shea.

Creditor harassment is unlawful, and there are many other things that debt collectors don’t want debtors to know to make it easier for them to get away with things they aren’t supposed to. 

This is why it is crucial for you as a debtor to know your rights and understand what is and is not okay when it comes to debt collection. This may be a stressful and scary time, but it does not have to overwhelm and ruin your life. Taking steps to understand your rights and the legalities surrounding debt collection can help you better navigate the situation. 

Below are the top five things that creditors and debt collectors don’t want you to know, as these tips can help you stand up for yourself against them: 

1. Debt Collectors Cannot Call Repeatedly

Initially, debt collectors will most likely try to call you several times a day, every day, and at all hours. However, you are technically in control and can dictate how and when they contact you. Constantly calling you can be construed as harassment, especially if you have already asked them not to. To ensure this doesn’t happen, record your calls and ask them to politely only contact you at your preferred method and time. For example, you could ask them to only email or mail you or ask them not to call at certain times of the day or on certain days. 

2. Debt Collectors Cannot Threaten You

In some situations, debt collectors may use intimidation tactics and threats to scare you into paying, but this is unlawful. Collection agencies are not allowed to claim that you have committed a crime and will be arrested if you don’t pay what you owe, nor can they threaten to ruin your life or shame you in public. 

By law, debt collectors can only discuss your debt with you, your spouse, or your attorney. They can contact others to track you down, but they may only ask for your address, phone number, and place of employment—they cannot discuss anything beyond that about your debt. 

3. You Can Negotiate Directly With the Creditor

Often, creditors will hire third-party collection agencies to handle their debt collection. Though collection agencies can offer to help you resolve the debt, it is sometimes better to negotiate directly with the creditor as it can result in a more affordable payment option and avoid unnecessary collector fees. 

After a debt collector has spoken to you initially about the situation, you can inform them that you are going to speak with your creditor first. However, keep in mind that if the debt is more than six months past the due date, the creditor does have the right to refuse to work with you directly. 

4. You Can Often Negotiate a Lower Settlement Amount

Debt collectors will initially try to collect all of the debt you owe, as this is their job. However, most collectors are authorized to settle on a reduced rate. In some cases, you can have the total amount of debt reduced by 15 to 35%. However, it’s important to note that settlement amounts are typically required to be paid in full. You will likely not be offered a new repayment plan but instead will be asked to pay the new reduced amount in full. 

5. There is a Statute of Limitations on Debt

You should never agree to a reduced settlement amount or a new repayment plan before checking on the statute of limitations on your debt. Debt collectors will never willingly inform you upfront about the statute of limitations, but it does exist. After so many years, debt collection can be barred and no longer allowed if the statute of limitations is passed. For example, there are cases where a debt collector may call after 5, 10, or 15 years to try to collect on a debt that is no longer valid. That debt may still exist, but they are no longer allowed to collect on it if it passes the statute of limitations.  

How Sawin & Shea, LLC Can Help

At Sawin & Shea, we believe in providing compassionate and understanding representation to those struggling with debt. If you feel that you are being harassed by a debt collector or have any other questions or concerns about your debt and how to manage it, contact the attorneys at Sawin & Shea, LLC. We can offer you guidance and support to ensure the best possible outcome. 

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