Contact information

By phone (anytime 24/7):   

Office:  (440) 777-1177

Cell:  (440) 823-4781

Fax:  (440) 398-0561

By e-Mail:

SWolf@WolfsLaw.com

By mail:

The Law Office of Stephen W. Wolf, LLC

26777 Lorain Road, Suite 709

North Olmsted, Ohio  44070

Dealing with Collection Agencies

First off - let's talk about the "automatic stay"

The automatic stay starts on the day you file bankruptcy.  Your creditors are advised you have filed and all action must stop.  They cannot call and harass you.  Any lawsuit in progress is stopped dead in its tracks.  Any contemplated lawsuit cannot be filed.

But before you get the stay, before you file for bankruptcy, you have to deal with debt collection agencies.  Let's talk about them:

Among other things, debt collectors cannot:

• Call or contact you before 8 am or after 9 pm, nor at any other unreasonable time or place.

• They cannot call you at work if you tell them you are not allowed to get such calls there.

• Contact you by postcard.

• If you have an attorney, they can only call that attorney.

• They have to tell you, in writing within five days of their first call, about your debt.

• They can't threaten violence or harm.

• Make you accept collect calls or telegrams.

• Use a false name.

• Use obscene or profane language.

• Publish your name and the nature of your debt.

• Repeatedly use the phone to annoy someone.

• Falsely claim they are attorneys or government representatives.

• Falsely represent they work for a credit reporting company.

• Misrepresent the amount you owe.

• Misrepresent the papers they are sending you are legal papers or forms, if they aren't.

• Threaten to take any action without a legal basis to do so, such as

  • Having your wages garnished.

  • Initiating a lawsuit

• Threaten to have you arrested.

• Use conduct that tends to harass, oppress or abuse.

• They will garnish, attach or sell your property or wages unless the law permits.

• They cannot imply the use of force, use foul language or threaten to embarrass you.

• Collect any amount greater than your debt, unless allowed by law.

• Prematurely deposit postdated checks.

• Contact you when you have an attorney representing you.

• Contact a third person.

  • Spouses, guardians, attorneys, co-debtors and parents of minors are not third persons.

  • They can contact anyone with the purpose of locating you or obtaining your address, phone number or place of employment, provided the debt collector does not already have that information.

• Cannot contact you at all if you send a cease and desist letter.  (Contact me for information.)