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Common tactics debt collectors use that are illegal

There are a lot of indignities that people in Nashville with insurmountable debt may face. Being contacted by a collection agency for a debt you cannot pay is bad enough. But when debt collectors resort to using sneaky or offensive tactics to try to get to you to pay, it can be extremely disheartening. At Rothschild & Ausbrooks, PLLC, we understand the stresses associated with being in debt and are strongly invested in protecting our clients’ rights.

While creditors are permitted to contact you about your debts, the Fair Debt Collection Practices Act is in place to regulate how and when you may be contacted, as well as what collectors can and cannot say. According to CBS News, there are some common strategies that some debt collectors employ that are barred under the FDCPA.

For example, a creditor cannot pretend to be someone who they are not. They cannot send you mail with letterhead that implies that they are from an official government agency and they cannot present themselves as law enforcement when they speak to you on the phone. In addition, they cannot threaten you with lawsuits or say they will arrest you and throw you in jail.

In addition, creditors are limited in how and when they may contact you. They can contact your friends and family members for information about getting in touch with you but they may not press those people to make payment on your behalf. Any contact that is received early in the morning or late at night may also qualify as harassment.

Despite the fact that it is illegal, creditor harassment persists. However, upon filing a petition for bankruptcy, the automatic stay rule is invoked. This means that all contact from creditors must immediately cease. For information on dealing with underhanded collection tactics, please visit our web page.

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Rothschild & Ausbrooks, PLLC
1222 16th Avenue South, Suite 12
Nashville, TN 37212

Toll Free: 866-656-8909
Phone: 615-866-2265
Fax: 615-242-2003
Nashville Bankruptcy Office