Home » Bankruptcy » Dealing With Telephone Calls from Debt Collectors

If you owe money to a creditor and do not timely pay your debts, or are delinquent, you will inevitably receive telephone calls from your creditors or debt collectors.  Numerous clients of Grantham Law, LLC have protested to their bankruptcy attorneys that many creditors call their cell, home and business telephone anywhere between 5-6 times per day. This rule typically applies to each creditor.  Because you are required to provide updated telephone numbers to your creditors, and telephone numbers are easily discoverable, your creditors and collectors consider your telephone line “fair game” during the collection process.

What can you do to stop calls from creditors and collectors?

If you have already filed bankruptcy, the automatic stay, 11 U.S.C. s. 362, prohibits your creditors and collectors from contacting you for the purposes of collecting a debt.  Once you bankruptcy petitions has been filed, your creditors and the collectors will be notified of the case filing, and the calls will gradually terminate.  If one of your creditors contacts you after your petition has been filed, provide them with your case number and that you have filed for bankruptcy in the District of Massachusetts.  This should put an immediate end to collection calls.

If you have not yet filed for bankruptcy, are in the middle of the bankruptcy process, or still deciding whether to file for bankruptcy, there are actions that you can take to eliminate off collection telephone calls.  By Federal statute, your creditors must cease and desist debt collection communications if you notify them in writing that you do not wish to be contacted.   The next time you receive a call you should answer it.  Then, ask the caller which account they are calling in reference to; as well as the name, address and fax number of the caller (collection agent).  Make sure to include all this information on your letter that instructs the collector not to contact you. If you are receiving calls at work, make sure to inform them not to call you at work or that your employer does not permit such calls to be made to your place of employment.  Make sure to fax and mail this letter to the collector.