Approximately 60% of all bankruptcy debtors have suffered some abuse or harassment from a collection agency. Even after they hire a lawyer and tell the collection agency to talk to their lawyer, the harassment does not stop. When they come see me, many of my clients are seeking a way out from under these calls. I try to give them a reason to be happy for these calls. You see, when debt collectors step over the line, they should have to pay for it. And when they pay for it, they can actually pay for your Towson Bankruptcy Lawyer!
I’ve had creditors call my client and tell them that I told them they weren’t represented and that they would not be filing bankruptcy. I’ve had creditors tell my clients that bankruptcy wouldn’t discharge their debts, so they better pay now. I’ve had creditors tell my clients that if their employer found out they were filing bankruptcy they’d lose their jobs. All of these are lies and all of these are express tickets for the creditor to pay me to file your bankruptcy.
A few caveats. You can’t bait a creditor into harassing you. Original creditors are given significantly more leeway than collection agencies and debt collectors. Our options are more limited there. A couple of phone calls does not equal harassment. Finally, if you don’t answer your phone then the calls may not be considered harassing.
What is considered harassment. A lot of things may be considered harassing, including frequent calls, calls at work, calls after you have notified the creditor that you are represented, lies, threats of physical harm, threats of jail, threats of civil damages unaffected by bankruptcy, calls before 8am and after 9pm, and many others.
What can you do to build a case? You don’t need to record the calls. You do need to answer your phone. You need to speak calmly and not allow them to get to you. If you have retained a bankruptcy attorney, do not pay or make promises to pay any unsecured creditors without talking to your attorney first. Keep a log of all calls. Maintain a separate page for each creditor and just note the day and time of any calls and any significant communications they made. For example, if you tell them you’re represented by an attorney, make note of that. If you tell them you can’t be contacted at work or during work hours on your personal phone, make note of that. This log becomes the evidence we need to MAKE a claim. Quite often the creditors keep such good notes that they provide the rest of the evidence we need. Finally, let me stress this one. Listen to your Towson Bankruptcy Lawyer. They are the ones you’ve hired to represent your interest. Creditors lie. Creditors represent their own interest. Some creditors take the tactic of “what can I do to help you?” You must realize that this is just an attempt to collect a debt and it is never your best interest they have at heart.
Are you contemplating bankruptcy and dealing with creditor harassment? If so, give your Towson Bankruptcy Lawyer a call and let’s see if we can get a creditor to pay for your bankruptcy for you. For a FREE consultation, please call (410) 870-9315 today!