All bill collectors, regardless of their origination, must abide by the Fair Debt Collections Practices Act, a federal law passed as part of the Consumer Credit Protection Act of 1978. It is sometimes used in conjunction with the Fair Credit Reporting Act.
Part of the reason these debt collection laws were passed was to eliminate abusive practices in the collection of consumer debts, to promote fair debt collection, and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information’s accuracy.
The Act creates guidelines under which debt collectors may conduct business, defines rights of consumers involved with debt collectors, and prescribes penalties and remedies for violations of the Act.
As part of the validation process in collections, a debtor has the legal right to know the name of the one claiming to be their creditor and the address of the same. Unfortunately, not all bill collectors are willing to provide you with real names and addresses up front, and with the buying and selling of debt so prevalent in today’s society, it is sometimes very hard to know who your creditors really are, much less their addresses.
These facts evoke the question, “Is there a resource for finding out collection agencies names and addresses for bankruptcy?”
There are basically two ways for finding out this information. First of all, you can obtain a credit report from all three major credit reporting bureaus. You get a free report once a year from each. Most creditors contact information in the form of names and addresses will be listed on the report if you have defaulted on payments.
Secondly, if the contact information is not available on any of your credit reports, you will most likely have a telephone number of the bill collectors trying to collect from you. If you contact them, or better yet have your attorney contact them, tell them you are filing bankruptcy and need their contact information, they are required by law to give you the information.
As a matter of fact, failing to give you the information could lead to the bill collectors failing to get any kind of settlement from a bankruptcy filing, even if they own the debt. Before any creditor can receive payments of a debt through a bankruptcy court, they must be listed as a creditor and make a formal claim to the court. When they fail to do this, they have given up all their rights for collection of the debt.
Bankruptcy laws can be complicated, and common sense indicates you might need a bankruptcy lawyer in order to help you understand how these complex laws may apply in your particular situation.
If you live in or around the metropolitan areas of Buffalo or Niagara Falls, 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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