Do I have any rights against creditors? How? 11 Answers as of September 17, 2015

I am starting to receive multiple calls a day from a collections agency. I have answered the call and tried to negotiate a payment with them, but none of the offers are reasonable with my current financial situation. What will happen if I can't pay the debt for a few more months?

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Law Office of Michael Johnson
Law Office of Michael Johnson | Michael Johnson
You may file a Bankruptcy to eliminate the debt. You should consult with an attorney to discuss.
Answer Applies to: Florida
Replied: 9/17/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
You have the right to ask that 3rd party collectors not call you ever again. But it is up to you to follow up this request in writing to gain any legal rights as a result of making this request. And you must inform the 3rd party creditor how it can contact you about this debt. That is only fair. No creditor is obligated to offer to change the terms of the contract you have to repay them. When you fail to live up to the terms of any contract, whatever the excuse might be, the creditor can sue you to collect, and you have the right to present any legal defense you may have. Your current financial situation is not a legal defense. It often takes several months before any creditor will sue you, and many collection companies never sue but rely on you needing to clean up your credit in order to get paid.
Answer Applies to: Nevada
Replied: 9/17/2015
Ronald K. Nims LLC | Ronald K. Nims
There are limits on how often they can call under the fair debt collection practices act. But there is no requirement that they make or accept a reasonable settlement offer, legally, they are entitled to the full amount of the debt. They can get a judgment and garnish your wages etc.
Answer Applies to: Ohio
Replied: 9/17/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
After while, some of your creditors will sue you. Some creditors are willing to discuss a compromise, others are not. A bankruptcy, while not necessarily anyone's first choice, can be A godsend. I suggest you contact a skilled bankruptcy lawyer and review the whole situation. I can tell you that very many of my bankruptcy clients have told me they are sorry they did not file a bankruptcy petition sooner.
Answer Applies to: Wisconsin
Replied: 9/16/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Follow the instructions in the handout. And see a lawyer about bankruptcy. Try nacba.org to find one locally.
Answer Applies to: California
Replied: 9/16/2015
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    Not really but they are also not allowed to have harass you.
    Answer Applies to: New York
    Replied: 9/16/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    It might be wise to explore bankruptcy.
    Answer Applies to: California
    Replied: 9/16/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You can engage an attorney and asked them to only contact you through him or her. We should also discuss with your selected counsel whether or not they are violating the various state laws which regulate the actions of parties attempting to collect a debt.
    Answer Applies to: Michigan
    Replied: 9/16/2015
    Law Office of Joshua R.I. Cohen
    Law Office of Joshua R.I. Cohen | Joshua Cohen
    Get a debt defense attorney (like me) involved now. There is a huge difference between creditor calls and debt collector calls and who is calling affects your rights and protections. A lawyer can tell you options and likely outcomes once you give the facts.
    Answer Applies to: Connecticut
    Replied: 9/16/2015
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Yes file bankruptcy creditors are not required to negotiate with you. They are required to obey bankruptcy laws.
    Answer Applies to: Michigan
    Replied: 9/16/2015
    Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
    You have the right to direct the agency to cease contact. This must be done in writing. We suggest means that provides proof of delivery. At that point, they can either sue or go away.
    Answer Applies to: Illinois
    Replied: 9/16/2015
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