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.
