Every ten minutes the phone rings. You don’t even need to look at the number anymore to know you don’t want to answer. Does this sound familiar? If you are getting calls all day and night from debt collection agencies, the Law Office of Daniel A. Higson can help. When you meet with a certified Bankruptcy Attorney for a free consultation, our first course of action is to stop harassing calls from creditors. Consumers are protected from collection agency harassment by the Fair Debt Collection Practices Act (FDCPA). If a collection company is using intimidating tactics to collect on a debt, contact Ventura bankruptcy lawyer Daniel A. Higson for immediate legal assistance. We will take effective action to stop the abuse, including filing a complaint or civil lawsuits if the violations are serious.
Remember, most collection agency employees make a very small salary, and their bonuses derive from getting you to make a payment. Because of this, these collectors may try to use various illegal tactics including: threatening legal actions, using derogatory language, making verbal threats, continuously calling your employer or family, and/or giving false information regarding your debt. There has even been a new wave of collectors finding your profile on Social Media sites like Facebook and Twitter and sending you threatening messages through those services. All of this violates the FDCPA and is punishable by law. Falling behind on your bills does not give a collection agency the right to engage in this type of intimidating, harassing, or abusive behavior.
If you are being ruthlessly harassed by bill collectors before a bankruptcy is filed, don’t be afraid to take those calls. Be careful what you say – never say anything you’ll later regret or anything that can be used against you regarding your bankruptcy case. Instead, speak to them politely and calmly, no matter how rude they become. If you have the ability, record their calls, but make sure you get their permission to record the call and have that permission on the recording. At the very least, keep a journal of when and how many times they call. The FDCPA sets strict guidelines on time of day and number of times collectors are allowed to call.
Once you retain the Law Offices of Daniel A. Higson you can refer all callers to us. We take the call and take the pressure off you. Simply give the collectors our phone number. Once you file, you are protected by what is called the automatic stay. Collectors may not call at all. If they do, politely provide them with our information and, if you wish, the case number and court. We are here to help you make it through this difficult time.