As a Colorado bankruptcy lawyer Many of my clients suffer from numerous and seemingly unending calls from creditors about their unpaid bills. There are limits to when, where, and who the collectors can call you about your debt. However, you must assert your rights. The collectors are not going to do that for you. Collectors only want one thing – your money. They will bully you until they get what they want!
Depending on the client’s unique situation it can take a few days to several months to file a bankruptcy case. Until the bankruptcy case is filed the client is typically harassed by his creditors for money. That’s unfortunate. Those stressful irritating calls can be stopped.
Both Colorado and the US Federal Government have laws that protect consumers from unfair debt collection practices. The law is called the Fair Debt Collection Practices Act.
Both the Colorado law (CRS 12-14-105) and the Federal law (15 USC § 1692c) give you the following rights:
- Collectors can’t contact you at any unusual time, place, or manner known or which should be known to be inconvenient to the consumer.
- Collectors can call you between 8:00 a.m. and 9:00 p.m. local time unless you tell them it’s inconvenient
- Collectors can call you at work, unless you tell them your employer prohibits you from taking such calls at work.
- Collectors cannot call your family, your neighbors or your spouse or anyone else but you about your debt without your express consent or a court order.
- Collectors cannot call you if they know you are represented by an attorney.
If you get a collection call or letter I strongly suggest you send a letter to the creditor asserting your legal rights under both the Colorado and Federal Fair Debt Collection Practices Acts.
Please contact me, Jesse Aschenberg, if you creditors are harassing you or you have bankruptcy questions.