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How to Stop the Harassing Phone Calls from Creditors and Debt Collectors

24th September 2010
By Max Gunderson in Bankruptcy Law
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Are you someone who has recently encountered serious financial problems? If so, you understand the stress filled reality of such a situation. Your phone rings all day with calls from bill collectors looking to squeeze whatever small amount of money they can out of an existing debt. Your mail box is filled with threatening letters from debt collectors. This whole situation can easily become overwhelming. Harassment from creditors can ruin the quality of your life. You are not alone, many people in the Tempe, Mesa, and Tucson, Arizona area are in the same boat. People who are inundated with these types of contacts just want them to stop.

One of the ways to stop the harassing calls from debt collectors is to file for Chapter 7 or Chapter 13 bankruptcy protection. When a bankruptcy is filed, an “automatic stay” goes into effect and the collectors and creditors have to stop calling. If you are considering a bankruptcy, contact an affordable Tempe, Mesa, or Tucson, Arizona Bankruptcy attorney like the Bornmann Law Group. (480) 263-1699

Once you have filed for bankruptcy, the Automatic Stay prohibits creditors from making any collection efforts, including those harassing phone calls, threatening letters, or rude messages. That’s right! It makes it illegal for creditors and collection agencies to call you. If a creditor calls you during the automatic stay, they can be severely fined.

Remember, the Automatic Stay goes into effect as soon as your bankruptcy petition is filed. So, as soon as your case is filed, it is illegal for creditors and collection agencies to call you. Wouldn't it be a relief if you could start answering your phone again and resume your normal life? This is one of the ways that you stop creditor calls in Tempe, Mesa, and Tucson, Arizona.

Filing for Chapter 7 or Chapter 13 bankruptcy protection is not the only way to stop the harassing phone calls. Consumers in Tempe, Mesa, and Tucson, Arizona are protected from certain abusive and deceptive practices by debt collectors by federal law. The Fair Debt Collection Practices Act (FDCPA) is a federal law that debt collectors must follow. The FDCPA covers only debt collection practices by debt collectors; it protects the rights of the consumer. The FDCPA does not cover the debt collection practices by the original creditors (with some exceptions). The debt collector is someone, who regularly collects debts owed to someone else. If you feel that you are being unfairly harassed by a debt collector, seek out an attorney that will help you stop the harassment from debt collectors.

Here are some of the deceptive and abusive conducts prohibited by the FDCPA. Debt collectors are prohibited from:

Contacting the consumer outside of the hours of 8:00 am to 9:00 pm local time
Contacting the consumer (with exceptions) after being asked by the consumer in writing not to do so.
Contacting the consumer after being asked by consumer in writing for verification of a debt (or for the name and address of the original creditor) before such verification is mailed;
Contacting the consumer known to be represented by an attorney with respect to the subject debt;
Contacting the consumer at work if the debt collector knows the employer prohibits such communication
Using obscene, profane or abusive language;
Using threat of use of violence;
Repeated calls with such frequency as to harass the consumer;
“Shaming” the consumer into payment by publicizing the debt;
Communicating by post card, they must use an enclosed letter if contacting by mail;

A couple of things to keep in mind is that the FDCPA doesn't cover business debts, only personal debts. Also, please know that the courts have awarded “actual damages” for FDCPA violations, including damages for personal humiliation, embarrassment, mental anguish, or emotional distress. Simply knowing your rights may be an effective way to stop the collection agencies from continuing to make those harassing phone calls.

In times of financial woe, seeking counsel from an experienced bankruptcy attorney is of utmost importance for individuals and businesses alike. While bankruptcy may not be for everyone, the bankruptcy attorneys at The Bornmann Law Group law offices in Tempe, Mesa and Tucson can help assess your debt problems and offer legal options that are right for you.

If you have questions about the process of filing Bankruptcy in Arizona please contact the affordable bankruptcy lawyers and attorneys at the Bornmann Law Group, PLLC (480) 263-1699 or (520) 306-8729 for a free initial consultation to discuss your legal options in avoiding repossession and filing Bankruptcy in Arizona. With locations in Phoenix, Chandler, Tucson, and Flagstaff we are an Arizona debt relief agency and help people file for Bankruptcy under the Bankruptcy Code. Don’t lose everything. Get a "Fresh Start" today. Visit our website at for more information or email us at

It’s time for a fresh start.
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