QUESTION

Do I have any rights against creditors? How?

Asked on Sep 16th, 2015 on Bankruptcy - Michigan
More details to this question:
I am starting to receive multiple calls a day from a collections agency. I have answered the call and tried to negotiate a payment with them, but none of the offers are reasonable with my current financial situation. What will happen if I can't pay the debt for a few more months?
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8 ANSWERS

Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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You have the right to ask that 3rd party collectors not call you ever again. But it is up to you to follow up this request in writing to gain any legal rights as a result of making this request. And you must inform the 3rd party creditor how it can contact you about this debt. That is only fair. No creditor is obligated to offer to change the terms of the contract you have to repay them. When you fail to live up to the terms of any contract, whatever the excuse might be, the creditor can sue you to collect, and you have the right to present any legal defense you may have. Your current financial situation is not a legal defense. It often takes several months before any creditor will sue you, and many collection companies never sue but rely on you needing to clean up your credit in order to get paid.
Answered on Sep 17th, 2015 at 12:20 PM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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There are limits on how often they can call under the fair debt collection practices act. But there is no requirement that they make or accept a reasonable settlement offer, legally, they are entitled to the full amount of the debt. They can get a judgment and garnish your wages etc.
Answered on Sep 17th, 2015 at 10:04 AM

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After while, some of your creditors will sue you. Some creditors are willing to discuss a compromise, others are not. A bankruptcy, while not necessarily anyone's first choice, can be A godsend. I suggest you contact a skilled bankruptcy lawyer and review the whole situation. I can tell you that very many of my bankruptcy clients have told me they are sorry they did not file a bankruptcy petition sooner.
Answered on Sep 16th, 2015 at 8:00 PM

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Bankruptcy Attorney serving Schenectady, NY
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Not really but they are also not allowed to have harass you.
Answered on Sep 16th, 2015 at 2:47 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You can engage an attorney and asked them to only contact you through him or her. We should also discuss with your selected counsel whether or not they are violating the various state laws which regulate the actions of parties attempting to collect a debt.
Answered on Sep 16th, 2015 at 2:26 PM

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It might be wise to explore bankruptcy.
Answered on Sep 16th, 2015 at 2:22 PM

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Debt Collection Attorney serving Chicago, IL
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You have the right to direct the agency to cease contact. This must be done in writing. We suggest means that provides proof of delivery. At that point, they can either sue or go away.
Answered on Sep 16th, 2015 at 2:08 PM

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Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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Yes file bankruptcy creditors are not required to negotiate with you. They are required to obey bankruptcy laws.
Answered on Sep 16th, 2015 at 2:07 PM

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