Bankruptcy can be a lifesaver for people who are struggling with overwhelming debt. Even after you receive a bankruptcy discharge, creditors may still try to collect debts from you. This can be confusing and frustrating, but it’s important to remember that you have rights. If you are being harassed by creditors after a bankruptcy discharge, you need an Arizona debt collection defense attorney from Lerner and Rowe Law Group.
In this blog, our Arizona bankruptcy attorneys explain the difference between a debt collection defense attorney and a bankruptcy attorney. We also explain which type of attorney you need and answer a few FAQs.
What Is a Debt Collection Defense Attorney?
A debt collection defense attorney will represent you if you are being sued or harassed by creditors or collection agencies. Debt collections defense attorneys can help you ensure that the creditors are asking for the correct amount and that they have the right to collect the debt. If you are being sued by a debt collector, a collection defense attorney can help dispute unlawful attempts to collect a debt and inflated or incorrect amounts.
An Arizona debt collection defense attorney can protect your rights under The Fair Debt Collection Practices Act (FDCPA). This is a federal law that protects consumers from abusive debt collection practices, including:
- Calling you before 8:00 a.m. or after 9:00 p.m.
- Calling you at work if your employer does not allow it
- Calling you repeatedly or continuously
- Harassing or threatening you
- Lying to you about the amount of debt you owe or the consequences of not paying
- Impersonating a government official or attorney
- Disclosing your debt to others without your permission
The FDCPA applies to most types of consumer debt, including credit card debt, personal loan debt, medical debt, and student loan debt. It does not apply to business debts or debts collected by the government. A debt collection defense lawyer can help if a debt collector violates the FDCPA. Depending on the circumstances of your case, you may be able to sue and recover damages.
What Will a Debt Collection Defense Attorney Do For Me?
If you are being pursued by a creditor or a debt collector, a debt collection defense attorney may be able to settle the amount that you owe to the creditor. If you are being harassed by a debt collector, a debt collection defense attorney may file a claim against the debt collector under the FDCPA, where you may be entitled to money damages against the debt collector.
If you have overwhelming debt, a bankruptcy attorney may help you determine whether filing for bankruptcy relief is in your best interest. If you file for bankruptcy relief, the creditors and debt collectors pursuing you will be prevented from further collection attempts after you file for bankruptcy, and will likely be prevented from future collection efforts after the Order of Discharge is entered in bankruptcy.
If you are still being harassed by creditors or collection agencies after your order of discharge has been filed and approved by the court, your Arizona bankruptcy attorney is also your debt collection defense attorney and can help you defend yourself against debt collectors who are harassing you or trying to collect on discharged debts. Your bankruptcy attorney may be able to reopen your bankruptcy case and seek monetary damages in certain circumstances.
What Type of Attorney Do I Need?
Whether you need an Arizona debt collection defense attorney or a bankruptcy attorney depends on your specific situation.
Hire a debt collection defense attorney if:
- You are being sued by a debt collector.
- You are facing wage garnishment, bank levies, or other collection actions.
- You are unsure of your rights or how to handle the debt collection situation on your own.
Hire a bankruptcy attorney if:
- You have more debt than you can afford to repay.
- You are facing collection actions that are making it difficult to live your life.
- You want to explore the option of bankruptcy to discharge your debts.
Note that debt collection defense attorneys can also negotiate with creditors on behalf of their clients to reduce the amount of debt owed or to set up a payment plan. Bankruptcy attorneys can also represent their clients in bankruptcy court and help them wipe out the debts owed to creditors.
Debt Collection Defense FAQs
Filing for bankruptcy is a daunting and stressful process which can only be exasperated by debt collectors harassing you after your debts have been discharged. If you are unsure about what type of attorney you need, here are some frequently asked questions about debt collection defense attorneys and bankruptcy attorneys.
What is the difference between a debt collection defense attorney and a bankruptcy attorney?
The main difference between debt collection defense attorneys and bankruptcy attorneys is that debt collection defense attorneys focus on defending individuals against debt collection lawsuits, while bankruptcy attorneys focus on helping individuals and businesses file for bankruptcy.
- If you are being sued by a creditor or collection agency, you may want to consult with a debt collection defense attorney.
- If you are overwhelmed by your debts or considering filing for bankruptcy, you should consult with a bankruptcy attorney.
Is my bankruptcy attorney also my debt collection defense attorney?
Yes, your bankruptcy attorney can also be your debt collection defense attorney, depending on the facts of your case. If you file either Chapter 7 bankruptcy or Chapter 13 bankruptcy with one of our Arizona bankruptcy lawyers and you continue to experience harassment from debt collectors, your bankruptcy attorney can help defend you from these practices.
What types of debts can a debt collection defense attorney help me with?
A debt collection defense attorney can help you with any type of debt, including credit card debt, student loans, medical debt, and business debt.
What are my rights as a debtor?
As a debtor, you have a number of rights, including the right to be treated fairly and the right to due process. A debt collection defense attorney can help you understand your rights and ensure that they are protected.
What are some common debt collection defenses?
Some common debt collection defenses include:
- The debt is not yours.
- The debt has already been paid.
- The debt is past the statute of limitations.
- The debt collector has violated the Fair Debt Collection Practices Act (FDCPA).
Contact Lerner and Rowe Law Group Today
Once you’ve filed for bankruptcy, you’re on the path to a fresh financial start. Don’t let debt collectors harass you, threaten you, or try to get you to pay more than you owe. At Lerner and Rowe Law Group, our Arizona bankruptcy attorneys are also debt collection defense attorneys who will build a strong defense on your behalf and fight for you.
Don’t let predatory debt collectors ruin your life. Contact us today for a free consultation. We offer flexible, affordable payment plans for our clients.
You can reach one of our debt collection defense lawyers by calling us at 602-667-7777. You can also reach us by LiveChat, or request your free case review by completing this convenient form.