In America, we all know that death and taxes are certain, but now there is a new player moving into town to lay claims of its own certainty, the bill collector. Never in the history of the United States has anyone seen the likes of so many bill collectors as there are today.
With the creative invention of selling a contract of a loan to a third party without one of the original party’s consent or knowledge, bill collectors today can buy worthless contracts for pennies on the dollar and are currently turning their investments into major fortunes. The creative boon is good not only for the bill collectors but for lawyers, judges, and courts, gainfully employed when a menage of lawsuits comes tumbling down the pipeline in the form of judgments, liens, and attachments.
The average American who has ever gotten behind on bills understands the certainty of bill collectors. They are painfully reminded of that certainty on a daily basis when the bill collector leaps into action. Bill collectors are becoming notorious for the balancing act they do walking along the edge of that which is unlawful in collections.
Recently, it has become so much the more painfully obvious of the bill collector’s certainty. With the economy turning so bad, bill collections are at an all time high, and the aggressive new breed of bill collectors think nothing about death or taxes.
As a matter of fact, a news article posted on the CNNMoney website yesterday highlighted the aggressive nature of the new breed by reporting their quick and sudden attacks on estates of the recently deceased. From the article, it seems the bill collectors are certain to approach family members of the deceased while the corpse is still warm.
As part of their collection of debts made by the deceased, one creditor offered a family member the opportunity to assume the balance on her deceased mother’s credit card with a special introductory APR of 0% for the first six months. The APR would increase to 13.24% after that. The offer was made within two weeks of her mother’s death.
The same news article shared another debtor’s story. The wife of one deceased debtor set up a telephone answering machine at her husband’s wake to receive calls from concerned family and friends. Instead of hearing calls from family and friends beaming over the telephone speakers, the gathered crowd heard the voice of a bill collector trying to collect the debt from the deceased husband’s widow. He called every 15 minutes and left harassing messages about the debts her husband had left behind, and everyone in the house could hear the messages. Even after the wake, the bill collector called as many as 48 times a day and threatened to foreclose on her house if the widow did not respond.
The CNN news article reported that the widow who experienced the upsetting wake and following harassment from the bill collector is now suing the collector under the Fair Debt and Collections Practices Act. That is one way to handle bill collectors who seem certain to constantly remind you they are there.
For those of you who are not deceased but still experience constant reminders from bill collectors of bills you cannot possibly pay, there is another action you can take that will stop bill collectors in their tracks. The moment you file a bankruptcy, a judge will order all collecting actions to cease, an important feature called the automatic stay. The automatic stay, applicable to all types of bankruptcy filings, means that the mere request for bankruptcy protection automatically stops and brings to a cessation certain lawsuits, foreclosures, utility shut-offs, evictions, repossessions, garnishments, attachments, and debt collection harassment. That means all creditors will have to go through a US Bankruptcy Court trustee in order to deal with their debtors.
Although death and taxes are certain, bankruptcy laws keep bill collections from being so certain. If you are bankrupt, common sense indicates you might need a bankruptcy lawyer in order to help you understand how complex bankruptcy laws may apply in your particular situation.
If you determine you are in need of relief from the stress associated with debt and you live in or around the metropolitan area of Rochester, New York, contact us here today at www.betterbankruptcy.com .We will help you find a bankruptcy attorney in your area that will help you with any questions you may have on bankruptcy law.
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