WHAT BILL COLLECTORS CAN AND CANNOT DO

Bill collectors can be very persistent while trying to collect money, as you may know. However, people may not know that The Fair Debt Collection Practices Act extends substantial protection to people from collectors by making certain practices illegal in Massachusetts and the rest of the United States.  Learn what bill collectors can and cannot do.

Many people do not know their rights under the law, but having an understanding of your rights can protect you from harassment and intimidation. Below is a list of many things that bill collectors cannot do while trying to get money for a bill, and what you can do if you believe that your rights have been violated. Also listed below is what bill collectors cannot do while trying to collect money.

What Collectors Cannot Do

  • Collectors cannot call after 9 p.m. or before 8 a.m.
  • Collectors cannot call many times a day about the same bill.
  • Collectors cannot contact a person if the person sends the collectors a letter that says the person does not want to be contacted again regarding the bill.
  • Collectors cannot call the person’s job if the person asks the collectors to stop.
  • Collectors cannot show up at a person’s job.
  • Collectors cannot harass people who owe money.
  • Collectors cannot threaten the people who owe money. This includes: using inappropriate language, threatening violence, threatening to take property away illegally, or threatening to have someone arrested.
  • Collectors cannot threaten to sue without meaning it.
  • Collectors cannot lie about which company the collector works for. Collectors cannot pretend to be attorneys, the government, or to work for a credit bureau.
  • Collectors cannot lie about the amount of money that is owed.
  • Collectors cannot say a form that was sent was a legal document if it wasn’t.
  • Collectors cannot publicize the fact someone owes money. Collectors cannot tell anyone besides the person who owes the money, the person’s spouse, and the person’s attorney about the money owed.
  • Collectors cannot publish the bill’s existence somewhere that someone else may see it, including on a post card.

If a collector does anything which violates the Fair Debt Collections Practices Act, the person may contact the state’s attorney general, the Federal Trade Commission, the Consumer Financial Protection Bureau, or an attorney for help.

However, there are many things that a collector can do to try to get the money they are owed.

What Collectors Can Do

  • Collectors can call daily, in between the hours of 8 am and 9 pm.
  • Collectors can send frequent letters.
  • Collectors can try to find out a person’s current contact information by calling family and friends.
  • Collectors can sue for the money.
  • Collectors can call a person’s workplace until the person asks the collector to stop.
  • Collectors can try to get the money owed even if too much time has passed for the collector to sue the person.
  • Collectors can sell the money owed, and another collection company may take over.

Being pressured by collectors can be extremely stressful and you may want to consider filing for bankruptcy. Even if the collectors are acting lawfully, their contact can still be annoying and disruptive. It can also be hard to tell when a collector crosses the line from legal to illegal territory. Contacting a bankruptcy attorney can take care of a lot of the stress from the collector, and the person who owes the money can be certain that their rights are being protected and advocated for. If you are being contacted by a collection agency and looking to erase your bills by filing for personal bankruptcy, please contact the Law Office of Bucacci and Simonian at 508-673-9500 for your free and confidential bankruptcy attorney consultation to learn what bill collectors can and cannot do.

BANKRUPTCY – UNDECIDED OR UNSURE WHAT TO DO?

Talk To Us About Your Options:

We always tell potential clients to talk to us first to see if bankruptcy is in their best interest. The consultation is always free. Talk with Attorney Robert Simonian or Attorney Anthony Bucacci in private and in total confidentiality to see if filing bankruptcy in Massachusetts is right for you.

We can almost always come up with a solution to your financial problem. We have filed over 10,000 cases in the past 26 years and there are very few scenarios that we have not seen. We are known for our hard work, diligence, creativity and problem solving abilities. Often we are the bankruptcy attorneys other attorneys come to with difficult cases. Call today to see what we can do for you and what options are available. Often people believe they are the only ones with financial problems and are embarrassed of their situation. This is simply not true and many famous people have had to file for bankruptcy to get a fresh start.

Why Call Bucacci & Simonian:

We are known as one of the best bankruptcy attorneys in Southeastern Massachusetts serving the Bristol County and Plymouth County areas. Please inquire with anyone as to our reputation. Reputation is everything and we are very proud of ours. We have received numerous awards from various agencies and courts including the Bankruptcy Court in Boston, Massachusetts.

Using our knowledge and skill we have had several clients complete their five year Chapter 13 bankruptcy plans where they own their home FREE & CLEAR OF MORTGAGES. We understand how important it is to save clients’ homes from foreclosure, keep their cars from being repossessed and stop creditors from suing them and attaching their wages or attempting to seize their assets. This can be stopped almost instantly and we make every effort to be very available to your clients and can accommodate emergency situations. One of our most famous cases involved saving a clients’s multi-family home. https://www.courtlistener.com/opinion/1863802/in-re-brizida/

What to Avoid:

Do not attempt to file for bankruptcy on your own. You can make your situation much, much worse. If the bankruptcy petition is not correct you could lose your home, your car or possessions or you could be asked to file a different kind of bankruptcy where you have to make monthly payments when it could have been avoided. If you are not properly represented a bankruptcy trustee may foreclose on your house, allow your car to be repossessed, seize a tax refund or other assets. You could file under the wrong chapter, apply the wrong exemptions, fail to file all of the necessary forms or not understand the significance of important forms.

Protect Yourself:

Call us today for a free and complete bankruptcy consultation. We can protect you from your creditors and protect your home, cars, jewelry and other assets. Creditors and collection lawyers have a job to do and it may seem that they are heartless and will take anything they can from you. They are represented and you should be too. Call us today. The Federal Bankruptcy Court indicated that seeking the advice of a qualified attorney is strongly recommended. https://www.uscourts.gov/services-forms/bankruptcy/filing-without-attorney

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