If it is the original creditor, then yes, they can do that. There are actually very little restrictions on what an original creditor can do. They can show up to your front door and demand payment from you if they chose. But if it is a collection agency, that is a much different story.
The Fair Debt Collection Practices Act (FDCPA) is a federal law that very tightly regulates what a collection agency can and can't do in their attempts to collect on a debt. If for instance a St. Louis collection agency calls you repeatedly each day, or if they make calls to you on a Sunday, then it is quite possible that they have violated your rights.
If in fact the collection agency has violated your rights, the FDCPA says that the debt collector has to pay you $1,000 in damages. The FDCPA also states that if your rights have been violated, it is the collector who has to pay for your attorney fees. This means that we never have to charge you any fees for the work that we do against a St. Louis collection that has violated your rights.
In addition, a St. Louis bankruptcy attorney can get rid of the underlying debt that is associated with the collection agency (whether it is a credit card, old hospital bill, utility bill, an overdrawn bank account, gym membership, or anything other unsecured debt). Once these debts are discharged, you can immediately start to rebuild your life (for example, the average length of time it takes to get a credit score back to normal is about eighteen months after you file a St. Louis bankruptcy).
The experienced St. Louis bankruptcy lawyers at Brinkman & Alter, LLC have been helping people with their debts for over ten (10) years. Our goal is to make sure that all of your unsecured debt is knocked out, that you keep all of your property (real and personal), and that you are put in a position to regain your financial freedom.
We have two locations: in the Central West End, at 1 North Taylor (on the corner of Laclede and Taylor), St. Louis, MO 63108; and in the Twin Cities of Festus / Crystal City, at 1000 Truman Blvd (Highway 61/67), Jefferson County, MO 63019. The initial consultation is free of charge. So contact us today to learn more!!