Debt Collection and Creditor Harassment
A San Jose bankruptcy lawyer discusses Debt Collection and Creditor Harassment
Most Americans are in at least some debt. Many of those people are behind in repaying that debt. Being behind in your bills can often lead to debt collection and creditor harassment. Back in 1977, the Federal Trade Commission (FTC) realized that debt collection and creditor harassment had become immoral and enacted the Fair Debt Collection Practices Act (FDCPA). A creditor may not “harass, oppress, or abuse any person” in a debt collection attempt. One of the major violations of debt collection and creditor harassment is when a debt collector continues to contact a debtor when it is known and documented that the debtor is represented by an attorney or contact that debtor at their place of employment.
Another major tactic used in debt collection and creditor harassment is the use of threats of wage garnishments and levying of assets. The FDCPA states that a debt collector may not use such tactics unless it may lawfully garnish wages or levy assets. A creditor seeking debt collection may not use vulgar or offensive language. Often times, one of the most efficient ways of stop debt collection and creditor harassment is to fax and mail a cease and desist letter to the debt collection agency.
A bankruptcy petition appears to be fairly simple when first viewing it, but a bankruptcy petition is actually a very intricate document where the smallest detail or omission can mean a world of trouble, including losing a house or car or retirement account. Probably the most scrutinized section of a bankruptcy petition is the monthly income and expenses schedules. This is what the Trustee views most important as this is where debtors tend to fudge the most.
If you have questions regarding Bankruptcy in San Jose please contact us at 408.279.2288 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. After you have spoken with one of our downtown San Jose bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Jose and the South Bay!
