We Can Stop Collectors From Calling You

Generally, no, once they know your employer does not allow it. Federal law bars a third-party debt collector from calling you at work if it knows or has reason to know your employer prohibits those calls, so tell the collector, preferably in writing. Florida law also generally prohibits anyone collecting a consumer debt, including the original creditor, from contacting your employer about it before getting a final judgment, with limited exceptions such as your written permission.

Mostly, no. With a few exceptions, such as your spouse or your attorney, a third-party debt collector may contact other people only to learn where you live or work or how to reach you, and it may not tell them that you owe a debt. Florida law also prohibits anyone collecting a consumer debt, including the original creditor, from contacting you or your family so often that it amounts to harassment.

Collectors generally may not call before 8 a.m. or after 9 p.m. your time without your consent, a rule found in both federal law and Florida's Consumer Collection Practices Act. There is no fixed daily limit, but calling repeatedly to annoy or harass you is illegal. Under federal rules, a third-party collector that calls about a debt more than seven times within seven days is generally presumed to be calling too often.

You are not required to discuss the debt over the phone. It is usually wise to get the collector's name and mailing address, dispute the debt or request verification in writing within the 30-day validation period described in the collector's notice, and avoid promising a payment or giving out bank information until you understand your options. Once you hire an attorney for the debt, collectors generally must communicate with your attorney instead of you.

For most consumer debts, such as credit cards and medical bills, a creditor generally must first sue you and win a judgment before it can garnish your wages. Florida protects a head of family's wages from garnishment in many cases under Florida Statute 222.11, and a head of family is someone who provides more than half the support for a child or other dependent. The protection is not automatic, so you must file a claim of exemption, and the deadline is short. Filing bankruptcy also triggers the automatic stay, which stops most garnishments.

Yes, if the collector broke the law. Both the federal Fair Debt Collection Practices Act and Florida's Consumer Collection Practices Act let consumers sue for violations, and you may be able to recover actual damages, additional statutory damages, and attorney's fees. Florida's law reaches further because it also covers original creditors, not just collection agencies. Strict deadlines apply to these claims, so save letters, voicemails, and call logs and talk to an attorney promptly.

Filing Chapter 7 or Chapter 13 triggers the automatic stay, which immediately stops most collection calls, letters, lawsuits, and wage garnishments. When the court later grants your discharge, creditors are permanently barred from collecting the discharged debts from you personally. Some debts, such as child support, alimony, and most student loans, are not discharged, so we review every debt with you before filing.