What are debt collectors allowed to do during an Arizona Bankruptcy?
Most debtors do not like to spread around the fact that they owe any money. Your debt is a matter which is between you and the person to whom you owe money. One of the common debt collection tactics is threatening to tell others about your debt. There are however, rules to protect you and an outline of which people debt collectors may and may not contact regarding your debt.
Usually, contacting third parties to collect a debt is out of the questions. This means that collectors may not attempt to contact your friends, co-workers, employer, relatives (except if you have a spouse) or neighbors. There are only a few exceptions to this rule. They MAY contact any of the above listed parties if one of the following conditions has been satisfied:
You have given them permission
The court has allowed it
The debt collector is carrying out a judicial remedy such as wage garnishment
They may also contact the above listed parties if they are trying to retrieve your phone number or address.
The only time the collector is permitted to tell third parties they are trying to collect money owed is if they are directly asked, otherwise this action is prohibited.
Who ARE they allowed to contact?
You, with certain limitations set up in FDCPA
Your spouse
Your attorney
Your parents (only if you are a minor)
Any co-debtors
Also, leaving voicemails for you regarding the debt may be a violation of the FDCPA is you share that line with others including kids, roommates or neighbors.
Also, collectors may not explicitly publicize the owed debt on pieces of mail sent to you in attempt to collect the debt. They are not permitted to use postcards, or leave any indication on the envelope that the purpose is debt collection.
If you are unsure if you have been violated by the rules in the Fair Debt Collection Practices Act, then contact a Tucson bankruptcy attorney today to exercise your rights.
