Can I Record A Creditor That Calls Me On The Telephone?

04 Mar Can I Record A Creditor That Calls Me On The Telephone?

One of the main benefits of filing a bankruptcy is that the Bankruptcy Code imposes an Automatic Stay of all collection proceedings.

Collection proceedings include, among other thingsletters, telephone calls, lawsuits and garnishments.

If a creditor or a debt collector continues to call you once you file for bankruptcy, a Court may make the company contacting you pay you monetary damages and pay your attorney’s fees for the Stay violation.

So, you’ve filed for bankruptcy and your creditors keep calling in spite of the fact that you have told them to stop.

In order to prove a Stay violation you will need proof that someone has called you to collect a debt.

Some people will keep a phone log that lists the caller’s name, company for whom they work, the date they received the call,and the time it was received.

But there is no doubt that a recording of the call would be the best proof, particularly of whether on the issue of monetary damages since how the caller speaks to you will be an issue.

Did they simply call and not know a bankruptcy has been filed? Was the caller verbally abusive? Did they curse? Did they threaten to have you arrested? Did they tell you that their debt could not be discharged? All of this comes into play when determining the amount to be awarded in damages!

So, can you record the telephone call?

Unfortunately, theanswer will depend upon the privacy laws of theState in which you live.

Some states prohibit recording of telephone calls unless all participants consent. Others, like Louisiana, where I practice, allow recording of a telephone call if you are a party to the call.

Does your state permit recording? The Reporter’s Committee for Freedom of the Press website has a State-by-State guide, on its page entitled: “Can We Tape?”

Make sure you can record the conversation before you do so.

 

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I've been a consumer bankruptcy lawyer for nearly 25 years. Since that time I have helped many people resolve their financial problems. I have been practicing law since 1986 and I am licensed to practice in all state and federal courts in the State of Louisiana. Because I am a sole practitioner, you know that your debt matters are being handled by me personally. In addition to my work with consumers, I am also frequently asked to speak at local seminars on bankruptcy law. I am member of the following organizations: • Louisiana Bar Association • National Association of Consumer Bankruptcy Attorneys • Bankruptcy Law Network My office is located at: 3920 General DeGaulle Drive, New Orleans, LA 70114 Telephone: (504) 368-4101

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