Calls from debt collectors can be overwhelming and intimidating. But learning some dos and don’ts about handling debt collector calls and understanding your rights when it comes to debt collection agencies can ease your anxiety. More importantly, by knowing what to do and say when a debt collector calls, you can avoid making a mistake that could put you at legal or financial risk.
In order to stop collection calls, you need to do one of the following:
Negotiate a payment plan directly with the agency
Make a consumer proposal
File personal bankruptcy
If you have filed for bankruptcy or made a consumer proposal, a debt collector cannot try to collect debts included in the bankruptcy or proposal.
If a debt collector calls, tell the debt collector that you filed for bankruptcy and give them the name and phone number of your trustee. Your trustee will communicate directly with them.
Even though debt collectors cannot collect on debts included in your bankruptcy, some complications may occur that make it so that they continue to call. Within five days of your filing, your trustee will notify your creditors of your bankruptcy. Most trustees will mail the notice of bankruptcy to your creditors, so it may be two weeks before they are aware of your bankruptcy. Many trustees are now faxing or even e-mailing bankruptcy notices to creditors, so these times may be reduced.
Also, just because the creditor has received the notice from the trustee, it doesn’t necessarily mean that they have entered the bankruptcy into their system, so calls may continue until they do.
Another complication that may occur is when a creditor has turned your account over to a collection agency. The creditor may be notified of your bankruptcy, but if they are slow to notify the collection agency, the calls will continue.
Just remember that once you file bankruptcy, debt collectors should not be contacting you, so just let them know that you’ve filed bankruptcy and they should stop.
If you are receiving collection calls and aren’t sure what to do, contact us today. We offer free consultations and are open late and on weekends to meet your needs.
