We are a federally designated Debt Relief Agency under the United States Bankruptcy Laws. We assist people with finding solutions to their debt problems, including, where appropriate, assisting with the filing of petitions for relief under the Bankruptcy Code.
FDCPA & Bankruptcy Litigation
If you are considering bankruptcy, it is likely that you are being pursued by one or more debt collectors for money that you simply do not have. But did you know that you have a right to sue harassing debt collectors?
Under the federal law known as the “Fair Debt Collection Practices Act” (FDCPA), debt collectors MUST treat you with truth, fairness, dignity, and respect. If they don’t, you may have a cause of action in federal court. These claims can be preserved and pursued even after you have filed for bankruptcy protection.
The most important thing is to know that YOU HAVE RIGHTS! Debt collectors are prohibited from doing a number of things including:
Threatening lawsuits, garnishment, liens or arrest for your failure to pay a bill
Leaving abusive phone messages
Insulting, yelling, swearing or using obscene language when speaking to you
Calling your family, friends, neighbors or employers to collect your debt
In addition, all of your creditors are “stayed” from attempting to collect a debt or taking any action against your property from the very moment that you file your bankruptcy case. This means that the bankruptcy case will provide you with immediate relief from creditor harassment.
The truth is however, that sometimes creditors ignore the automatic stay and continue to pursue you. This is one of the many reasons why you should call Kyllander Law, APC. Bankruptcy petition preparation services or do-it-yourself bankruptcies will not be there to help you obtain a recovery when stay violations have taken place.
In order to preserve your rights under the FDCPA and Bankruptcy laws, you should keep good records of every contact made by your debt collectors. To help you with keeping these records, click here for a copy of a collections communications log. Our clients will receive a hardcopy version of this form at the initial consultation.
To schedule a free case evaluation today, call Orange County FDCPA & Bankruptcy Litigation attorney Kristine Kyllander at (714) 494-7557.