It is unfortunate that a lot of consumers are harassed continually by creditors that are seeking payment. While efforts to collect are in their job description, they can take it too far and end up crossing the line into abusive behavior. It is not only the consumer that believes that the creditor can go too far. Even the government has stepped in, recognizing the nature of the situation. The Fair Debt Collection Practices Act (FDCPA) was approved in 1977 but has been modified over time. The act is a direct defense for consumers against the calls, embarrassment tactics and repeated contact. The act makes regulations that are standard in all cases. This includes preventing them from calling outside the hours of 8:00 a.m. to 9:00 p.m., making threats that there are not actually grounds for, publishing personal information on a type of list and other needed regulations. For those who are represented by an attorney, the creditor needs go through the legal representative, rather than contacting the consumer directly.
In addition to these, there are regulations that occur when an individual files for bankruptcy. After bankruptcy has been filed for, the contact needs to be stopped immediately. This is known as automatic stay and under it collection activities need to be halted, including foreclosure and other action. When creditors fail to stop communication, it is a violation of this federal law. Action can be taken in the bankruptcy court and violating the FDCPA can mean that you have a case against creditors for damages. Work with a Chicago bankruptcy attorney from our firm to make sure that your rights are protected. We can represent you against creditor harassment or assist you in filing for bankruptcy. Learn more about these options and the solutions that our firm can provide through a free consultation of your case.