Joy Killers

This the season! Yes the season for accumulating debt. Good Friday is a date where people shop in brick and mortar stores and on line. We are getting ready to charge Christmas

First I'm not into giving lecturers so I'm not going to tell you all of the wonderful ideas about how to stay out of debt. I'm also not going to tell you ways to make your own personal handmade gifts. As a lawyer I will tell you what happens if the credit companies come for you.

First when you get the threatening calls do not let their harassment or threats make you pay low priority debts before more important debts.  I know they are saying you will be sued and sometimes you are told you will be put in jail. We did away with debtors prison. You can not be placed in jail for none payment of debts. Also don't worry about threats to bring suit, take your household goods or garnish your wages. This is unless you have received court papers.

When you get the call, explain to your creditors why you cannot pay debts now and say when you will be able to pay them. You are not required to talk to creditors at all so if they get rude just disconnect the call. 

If the debt is secured (meaning you have used some of your property to get the credit) the company may attempt to reposes the property. However, if it is furniture or a great TV you bought on credit the creditor cannot come into your house without your permission.

A creditor can take you to court and sue you for the debt. If you get papers from a court you have to answer them right away. After you answer you will get a trial. Any court can be complicated, so it is very important that you call a lawyer right away if you get court papers.

If you receive court papers then a creditor may be able to take your wages or property. This is if they get a judgement and then after waiting at least another 14 days.

If your bill is turned over to a debt collector you will have more legal protection.

Unlike creditors, collectors are subject to a federal law called the Fair Debt Collection Practices Act (FDCPA). This law prohibits harassment or deception. A debt collector is anyone who regularly collects debts owed to others. This can include lawyers

Debt collectors can't contact you at unreasonable hours such as Sunday mornings. Unless you give permission in advance, a debt collector may not call you at before 8 a.m. or after 9 p.m. They can't call you at work or use obscene language. It is against the law for them to call repeatedly to annoy you. They are not allowed to threaten to sue you unless they do plan to do so. They can't threaten to immediately garnish your wages unless they have already sued you and gotten a judgment. No one can take Social Security, SSI, TANF, VA benefits and Food Stamps. Even though theCollection Practices Act puts limits on what debt collectors can do; the law does not erase any debt you owe.

If you have a lawyer, the debt collector must call the lawyer, rather than you. If you do not have a lawyer, a collector may call you and other people to ask where you live, what your phone number is, and where you work.