June 24, 2019

Dealing with Creditor Calls at Work

Everyone is fighting for what they consider to be "their" money. Know your legal rights.Some of the best advice a bankruptcy attorney can give is about timing: when to file.  In many circumstances, I advise clients to wait until a date certain to file, and to maintain the status quo until then, which often means dealing with a deluge of creditor and bill collector calls until their cases are filed.

Don’t allow yourself to be railroaded by creditor calls

Many clients want and need to wait until a certain future point to file their bankruptcy case.  That often means they will be in for a constant stream of calls from bill collectors at work, which is obviously never good.  Debtors should know that they have a right to mail a letter to their creditors, instructing them not to make contact by telephone.  The Federal Trade Commission has an excellent page advising of this right, and how to exercise it, step-by-step; it also answers many other frequently asked questions about the federal Fair Debt Collection Practices Act.

Creditors are prohibited by the Fair Debt Act from doing things but they do them anyway. The best advice is to not talk to them. And tell them they are interrupting your work. Send a letter advising not to contact. Tell them they are “endangering employment” which puts them on notice. If they continue, a debtor can file an action under Fair Debt Collection Practices Act. I can refer them to someone.

Yes, you can find templates for cease and desist letters online. Use such templates at your discretion–this is not legal advice.