New Mexico Financial and Family Law assists our clients in preventing harassment from creditors at home and at work. We help debtors understand the law and provide them with the tools and means to demand and insure their legal rights are being honored.
You don’t have to be in bankruptcy to insure that debt collectors treat you fairly. Whether or not you are currently in bankruptcy, the Fair Debt Collection Practices Act requires that debt collectors not only treat you fairly but it prohibits certain methods of debt collection. Personal, family and household debts are all covered under the this act; however, business loans are not covered by this law.
Fair Debt Collection Practices Act
Most creditors and collection agencies follow the law when attempting to collect a debt. But some don’t, and many times, an abusive creditor is the reason why debtors may feel forced to file for bankruptcy protection to get the creditor to stop harassing them. You should never allow an abusive bill collector to force you into bankruptcy. However, if your circumstances prevent you from any other action, you still do have legal rights. Once you file for bankruptcy protection, creditors are formally notified you are in bankruptcy, and collection attempts must immediately cease until your case has been discharged or has otherwise been decided upon by the courts.
Fair Debt Collection Practices Act: Designed to protect debtors from abusive collection practices.
The Fair Debt Collection Practices Act was designated to reduce or eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.
This Federal Act addresses the following topics:
Acquisition of location information
Communication in connection with debt collection
Harassment or abuse
False or misleading representations
Validation of debts
Legal actions by debt collectors
Furnishing certain deceptive forms
Let New Mexico Financial and Family Law assist you in all aspects of a bankruptcy filing. Our firm will advise you every step of the way and assist you in stopping all creditor harassment. Contact New Mexico Financial and Family Law.
Handling Your Creditors After Filing
The Court will mail the Bankruptcy Filing Notice to your creditors about one week after the petition is filed.
If a creditor contacts you after you have received the notice, advise them that you have filed bankruptcy, give them your case number, and ask that they no longer contact you as is stated in the Notice.
If you receive any bills after filing, you should mail a copy of the Notice to the creditor with the bill.
If a creditor continues to call you or write to you after you have advised them of your bankruptcy case number and filing date, make a record of the creditor’s contact including, if possible, the name of the person contacting you, and dates and times of contacts. You may want to keep a log of unauthorized creditor contacts after your bankruptcy filing. If you have a written log or other evidence that a particular creditor has contacted you repeatedly after notification you should call your attorney for assistance.
New Mexico Financial and Family Law, is an Albuquerque New Mexico based bankruptcy law firm which provides United States Bankruptcy legal services and advice throughout the state. The majority of its clients reside in the Albuquerque, New Mexico, area, i.e., Albuquerque, Bernalillo, Rio Rancho, Los Lunas and Belen. But the firm can also represent clients statewide in Hobbs, Las Cruces, Clovis, Farmington and other New Mexico cities. Our firm represents clients who reside in New Mexico and also New Mexico residents residing in out-of-state jurisdictions. Bankruptcy law, as practiced by New Mexico Financial and Family Law, addresses all of a client’s concerns; legal, financial, and emotional. Our firm attempts to settle bankruptcy cases through negotiation. If negotiation is unsuccessful then the trial skills of our attorneys at New Mexico Financial and Family Law are brought into play. Don Harris is a well-known and respected Albuquerque, New Mexico, lawyer. Our firm not only provides the legal bankruptcy advice and guidance expected of experienced lawyers, we also work with other professionals such as financial advisors, CPAs and mental health counselors to provide the firm’s clients with many of the services needed to get through their financial and personal challenging times.
The hiring of a lawyer is an important decision that cannot be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.