Free Case Evaluation

 
 
X Close
Phone Call Us 414-326-9231
608-260-7133
Toll Free 866-678-9352
Text Us 414-277-7742
You can also feel free to text us at 414-277-7742 to set up your FREE appointment with our attorneys today

Debt Collection and Your Rights

Debt collectors can be ruthless. Constant telephone calls at home and work, embarrassing letters in brightly colored envelopes, calls to friends and family, and even public posts to your Facebook account are all tactics that debt collectors use to harass you into paying. Fortunately, there are laws that protect you when creditors get too agressive.

The Fair Debt Collection Practices Act, or FDCPA, is a federal law that protects against abusive collection practices by third party collectors. Third party collectors include collection agencies and collection attorneys. The FDCPA does not apply to business debts or to original creditors. The FDCPA prohibits certain practices including:

* Telephone calls before 8 a.m. or after 9 p.m. (your time)

* Requesting payment beyond what is actually owed

* Using abusive, profane, or obscene language

* Threatening legal action which is not permitted by law (for example, criminal charges)

* Telephone calls at work after being instructed that your employer prohibits phone calls from debt collectors

* Contacting you directly after being instructed that you are represented by a lawyer

Another federal law is the Fair Credit Reporting Act (FCRA). The FCRA is designed to promote accuracy and ensure the privacy of the information used in consumer credit reports. The FCRA contains a dispute process for correcting inaccurate information placed on your credit report. More information about the Fair Debt Collection Practices Act and the Fair Credit Reporting Act can be found on the Federal Trade Commission's Bureau of Consumer Protection website. The FTC is charged with enforcement of both acts.

Hiring a bankruptcy attorney provides instant relief from creditor harassment under the FDCPA, and all collection action must stop the moment you file a bankruptcy. This protection lasts the duration of your bankruptcy and is replaced with the bankruptcy discharge at the end of your case. A creditor who violates these bankruptcy prohibitions can face a contempt of court charge in bankruptcy court.

Don't let creditor harassment bog you down. Take control by consulting with one of the experienced attorneys at Miller and Miller about your debt and learn how the federal and state laws can protect your property, your income, and your peace of mind.

No Comments

Leave a comment
Comment Information

Contact Our Milwaukee Law Firm

Reach Miller & Miller Law, LLC, online or call us at 414-326-9231 to schedule a free initial consultation. Our law office also provides Spanish language services. Se habla español.

To schedule an initial consultation, call 414-326-9231 or contact Miller & Miller today.

Free Case Evaluation

* indicates required field

 
 

Milwaukee Office
735 West Wisconsin Avenue
Suite 600
Milwaukee, WI 53233

Phone: 414-326-9231
Fax: 414-277-1303
Milwaukee Law Office Map

Kenosha Office
6123 Green Bay Road
Suite 210
Kenosha, WI 53142

Phone: 262-326-1669
Kenosha Law Office Map

Brookfield Office
200 S. Executive Drive
Suite 101
Brookfield, WI 53005

Phone: 262-261-0665
Brookfield Law Office Map

Madison Office
2810 Crossroads Drive
Suite 4001
Madison, WI 53718

Phone: 608-260-7133
Madison Law Office Map