Blogs

Written by Ken Jorgensen 

A creditor's telephone calls can become harassing and threatening.  This problem gets worse if you have a lot of creditors seeking payment today.  

Here are a couple of effective steps to stop creditor harassment:

Hire an Attorney
A debt collector who knows that a debtor is represented by an attorney regarding a bill cannot call the debtor.  Here are the requirements:

• Creditor has to have knowledge of the attorney; or 
• Creditor could readily ascertain the attorney's name and address.  
• In California, it is helpful for the attorney to send a letter to the creditor of legal representation.  

Once a creditor is notified, the creditor is no longer allowed to call and attempt to collect on debt.  
The cost of retaining an attorney for this purpose should not be expensive.  Having represented hundreds of debtors, I find that once a creditor makes initial contact to confirm that a debtor is represented, they do not want to waste resources calling the attorney every day.  Typically, communications are less than once per month.  Thus, there is not much work that an attorney would have to perform.
Write A Letter Telling Them to Stop Calling

The cheapest means to stop a creditor for calling is to write them a letter.  The contents of the letter have to say one of the two messages:

• State the debtor refuses to pay a debt; or
• State debtor wishes no further telephone calls with them.  

The debtor should keep copies of the letter.  While not required, it is helpful to use multiple mediums to write a creditor so a creditor cannot say it never received the letter: 

• U.S. Mail, both registered and first class;
• Facsimile (keep the fax transmission page; and/or
• E-mail.

Once the creditor is contacted, they are limited in how they contact a debtor.  Here are the permitted communications under the Federal Debt Collection Practices Act:

• advise that the debt collector’s further efforts are being terminated;
• notify that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
• where applicable, notify that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

Warning!

Effectively ending communication with a harassing creditor may prompt the creditor to immediately file a lawsuit.  
Attorney Ken Jorgensen is located in Clovis, California.  He handles personal, property and business disputes, including bankruptcy and eviction cases.  You can find out more about Ken on Facebook, or at his websites, www.fresnolawgroup.com and www.fresnobankruptcylawgroup.com.  He can be reached at [email protected] or by telephone at 1-559-324-1882.

Bringing you the most up-to-date news, tips and blogs throughout the web. Here’s your Bankruptcy Update for April 22nd, 2014 Meet The Parents star Teri Polo files for bankruptcy  GM Asks Bankruptcy Court To Block Ignition-Related Lawsuits Genco Shipping Files for Bankruptcy on Weak Charter Rates
The post Today In Bankruptcy – 04-22-2014 appeared first on AllmandLaw.

Chapter 13 bankruptcy is a court-approved repayment plan that helps debtors manage debt obligations in 3 to 5 years.  Many debtors that feel overwhelmed with making monthly payments can have their obligations restructured so they are easier to pay.  This is a great option that offers a variety of benefits with many debtors enjoying multiple... Read more »
The post 7 Significant Benefits of Chapter 13 Bankruptcy appeared first on AllmandLaw.

Depending on the budget, you might have to pay back 100% to your unsecured creditors in a chapter 13 bankruptcy case. The trustee appointed for your case is going to interview you at a 341 meeting of creditors. One of the main purposes of this meeting is to determine whether or not you are putting+ Read MoreThe post Chapter 13 May Pay Back At 100% appeared first on David M. Siegel.