Free Consultation
The office is open as per the NYS Covid-19 guidelines. We are now doing both in-person and telephone consultations. Please call the office at 718-855-6840 to schedule a time to speak with one of our experienced bankruptcy attorneys.

Can creditors call you at work in New York? How to stop creditors from calling you

Can creditors call you at work in New York?

Under the fair debt collection law (known as the Fair Debt Collection Practices Act), the answer is YES–UNLESS you tell them that you cannot take calls at work. And you can communicate this to a debt collector either orally or in written form.  It is important to be aware that if you listed a work number on an application with a lender, they may use that number until you tell them not to.

When can creditors call?

If stopping harassing phone calls is your concern, be aware that creditors may only call between 8:00 am and 9:00 pm.  They may NOT call outside of those hours.  If they do, they are in violation of the fair debt collection law.  And if creditors or debt collectors violate the FDCA, then the debtor may have an action for damages.  Make sure to keep a record of any such violations and consult with an experienced New York City bankruptcy attorney.

How to stop creditors from calling you?

The automatic stay goes into effect immediately if you file for bankruptcy.  The automatic stay is a feature of the bankruptcy law that prohibits creditors from attempting to collect from you during the duration of your bankruptcy case.

Additionally, if you’ve retained a New York City bankruptcy attorney (or any other attorney), then once you’ve notified creditors of this fact they may only contact you through your attorney and may not contact you directly.

What else may debt collectors not do?

Debt collectors may not make threats or false statements, say that you’ll be arrested, or threaten any legal action such as wage garnishment unless they legally have the right to do so and actually intend to do so.  (More information on restrictions on debt collection practices can be found on the Federal Trade Commission’s website.)

If you have other questions about stopping harassing phone calls, please feel free to contact bankruptcy attorney New York Bruce Weiner for a free consultation.

Rosenberg, Musso & Weiner, L.L.P
26 Court St # 2211
Brooklyn, NY 11242, USA
718-855-6840
http://nybankruptcy.net/

Recent Posts

Beware Grace Periods, Debtors

Too often, debtors see grace periods offered by lenders as free benefits. “Grace” makes it sound so innocent. However, debtors who routinely rely on grace periods when making payments will find themselves facing financial difficulties that might lead to bankruptcy. The reason is that although creditors offer grace periods to debtors, they also use them

Read More »

Bankruptcy May Not Rescue You From Vicious Personal Disputes

Bankruptcy is a technical process that assumes everyone working within it is mostly rational. To the extent that it expects parties to deviate from irrational behavior, the Bankruptcy Code and its accompanying rules include incentives to keep parties in line. Creditors are usually large and impersonal, and they rarely care if their debtors file bankruptcy.

Read More »

Non-Lawyers’ Explanations of Bankruptcy May Be Wrong

Do you have financial problems? Do you tend to ask your friends for advice? Is one of your friends an experienced New York bankruptcy lawyer who will explain the process for you? Are your friends otherwise knowledgeable people? The answer to these questions may be, “Yes but you don’t know it.” Although many bankruptcy lawyers

Read More »

6 Steps to Take Before Filing Bankruptcy

Leaving your case to an experienced New York bankruptcy lawyer is not the only step on the to-do list before filing bankruptcy. There are many things debtors should do (and not do) before they file, and the more organized and mindful debtors are, the easier the process will be and the more effective the result.

Read More »

Social Security Number Not Necessary for Bankruptcy

A question that’s commonly asked about New York bankruptcy is whether a debtor needs a Social Security number to file. Debtors ask because they sometimes run across the bankruptcy form title, “Your Statement About Your Social Security Numbers” (B 121), which asks debtors to list their current and prior Social Security numbers. The new bankruptcy

Read More »

How Can a Debtor (or Creditor) Get a New Trustee?

The trustee in a New York bankruptcy case is usually not the debtor’s ally. His or her purpose is mainly to administer the bankruptcy estate or ensure the debtor’s repayment plan goes according to plan. Trustees pursue preference payments, fraudulent conveyances, and other malfeasance committed by debtors. They frequently initiate adversary proceedings against debtors. In

Read More »
Scroll to Top