Houston Debt Collection After Bankruptcy Defense Attorney
Filing for bankruptcy can be a difficult decision and going through the process can be humbling. The purpose of bankruptcy is to help individuals out of a difficult financial situation and to discharge debts. Yet, many debt collectors continue to harass individuals long after bankruptcy. Efforts at debt collection after bankruptcy is against the law.
Has a debt collection agency or a debt collection law firm contacted you after bankruptcy demanding payment of discharged debts? This is a violation of your rights. These debt collectors may owe you money. Contact The Martin Law Firm to help defend you against these post-bankruptcy collection efforts.
Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act (FDCPA) bars all forms of unfair, abusive and deceptive collection practices. The FDCPA provides a laundry list of potential violations, together with general prohibitions on any form of deception, abuse, or unfair treatment. Despite FDCPA protections, debt collectors continue to abuse consumers to pressure them into paying debts.
Debt collectors use abuse tactics often intended to scare or intimidate consumers. Debt collectors may also threaten violence or arrest. In some instances, these debts are time-barred or have been discharged in bankruptcy.
Collect evidence of the bankruptcy discharge violations
If you are being harassed by a debt collector looking to collect a debt that has been discharged in bankruptcy, collect evidence of their unlawful behavior.
- Keep all letter, notices or lawsuits that these debt collection agencies or law firms may send to you about the debt. Also, gather your bankruptcy discharge paperwork.
- Write down details of collection calls. Record the date, time, person calling, who they work for and the debt they are trying to collect. Make a note of any threats, yelling or abusive language used on the call.
- Save voicemail messages and even text messages from debt collectors. Abusive, harassing, misleading, or dishonest messages may be violations of the FDCPA.
- Keep copies of your credit report. Historical data of the debt and its discharge is helpful when proving the abusive post-bankruptcy discharge collection efforts.
- Provide any recorded conversations with debt collectors to The Martin Law Firm as evidence of potential violations.
The Martin Law Firm is a Houston post-bankruptcy collection defense attorney
FDCPA prohibits collectors from collecting on debts that have been discharged in bankruptcy. Also, debt laws prevent collectors from using harassing, misleading, dishonest and unfair debt collection practices. Contact the Martin Law Firm to defend you against these post-bankruptcy collection efforts.