Collectors have rules
Federal and state consumer protection laws restrict how debt collectors may behave. When a collector crosses the line, the consumer may have a claim against them — separate from whatever is owed on the underlying debt.
Conduct worth reviewing
- Repeated calls intended to annoy or harass
- Threats of arrest, criminal charges or actions the collector cannot legally take
- Discussing your debt with third parties
- Refusing to identify themselves or the creditor they represent
- Misstating the amount or character of the debt
- Obscene or abusive language
- Continuing to contact you after you have told them in writing to stop
Collection activity after a bankruptcy filing
Generally, all collection activities must stop when a bankruptcy case is pending. Some entities ignore this requirement. A creditor who performs collection actions after they know you have filed may be in violation of the automatic stay and may be held liable to the debtor for actual damages, attorney's fees and, in some circumstances, punitive damages.
Attorney Carlo Sabatini's representation of his clients does not stop when the bankruptcy case is filed — whether vindicating a client's rights means sending a letter or filing a lawsuit.
What to save
- Letters and notices from collection agencies
- Voicemails and a log of call dates and times
- Billing statements related to the debt
- Any lawsuit papers you have been served
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.