I became an Asheville bankruptcy lawyer partly because collection companies break the law in order to profit. By breaking the law, the collectors receive more money from people unable to pay than they would otherwise. Their profit strategy is to intimidate, annoy, and irritate folks into writing them a check for some amount. I think its awful that they profit by using these tactics.
Bankruptcy can stop the calls, and deliver peace of mind.
Stopping Collection Calls
One way to stop collection calls is to file a bankruptcy case. Once a bankruptcy case is filed, an ‘automatic stay’ protects clients from any type of collection activities. Collectors cannot call, write, sue, foreclose, or try to get money in any other way.
Unsecured collectors will generally be forbidden from contacting you ever again. Once we achieve a discharge order, the Court forbids collection companies from trying to collect on discharged debts, just as the automatic stay forbids from doing the same during your case.
The bottom line is that bankruptcy offers immediate, and usually permanent, relief from collection calls.
How do I stop calls without filing for bankrutpcy?
Collection companies are limited by the Fair Debt Collection Practices Act. The Federal Trade Commission offers advice for dealing with collectors.
If you follow the advice at that link, and send certified letters asking for the calls to stop, the collectors are legally required to stop. Unfortunately, many of the most unscrupulous collection companies break the law knowing that many people are unlikely to take them to court over a violation. Once a bankruptcy case is filed, those same collectors are unlikely to violate a Court Order, knowing they could be cited for sanctions by the bankruptcy court.
Bankruptcy is a simple way to remove the stress of collection calls. If you are ready to figure out your options, I would be pleased to speak with you during a free, initial bankruptcy consultation.
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