Law Office of Allan E. Dunaway, PLC

Rights debtors have when talking to debt collectors

The Fair Debt Collection Practices Act provides debtors throughout Kentucky and the rest of the country with protections against certain debt collector activities. For instance, a debt collector does not have the right to harass a debtor or act in a deceiving manner. When a person receives a call from a debt collector, it is important to verify that the amount in question is actually owed.

The debt collector is obligated to provide the debt amount and the creditor in writing within five days of such a request. In the event that an individual does owe the money in question, debt collectors are limited in the actions that they can take. For example, a collector cannot threaten to deport or physically harm a person for not paying a debt in a certain amount of time. They are also barred from disclosing the debt to other people either privately or in a public forum.

However, it is legal for a debt collector to ask other people for information about a debtor. This may include obtaining that person's phone number or address. If contacted by a debt collector, individuals should refrain from providing personal information such as a Social Security number or credit card number. If a debtor sends a letter saying that he or she doesn't owe money, the collector must cease contact unless there's some kind of update.

Filing for Chapter 13 bankruptcy may be a possibility for those who are struggling to repay debts. This could put an end to creditor or debt collector contact for as long as the case is pending. In a Chapter 13 proceeding, debtors are generally allowed to keep property while making payments to creditors over a period of three or five years. An attorney could help a debtor with the process.

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For sound bankruptcy advice you can count on, from a skilled lawyer who truly cares about your future, contact the Louisville Law Office of Allan E. Dunaway, PLC. We have two convenient locations: Louisville, Kentucky, and Jeffersonville, Indiana. Our main office in Louisville is located off the beaten path so you won't have to deal with downtown traffic and can pull right up to our door and walk right in.

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If for some reason personal bankruptcy is not for you, if you do not qualify for the Chapter 7 approach via the "means test" and Chapter 13 reorganization is not the answer, Allan E. Dunaway works hard to inform you of other appropriate means of debt settlement that suits your unique needs.

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