collection agencies Archives - Kingcade Garcia McMaken, P.A. Bankruptcy Attorneys

Collection Laws & Bankruptcy: What are my Legal Rights?

Posted on September 21, 2026by Admin

Any business that extends credit to a consumer must adhere to federal and state consumer laws and fair debt collection practices. When businesses extend credit to consumers, they run the risk of the consumer not being able to pay them back.

When a creditor attempts to collect a debt directly, state law governs the collection process. In many states, the creditor must contact the consumer by phone and provide written notice before starting formal collection proceedings. Most states prohibit repeated harassing phone calls, threats of legal action that cannot be taken, misrepresenting the creditor’s identity, sending mail that references debt collection on the outside, and attempting to collect more than the amount owed.

State and federal laws protect consumers from harassment by creditors and debt collection agencies.

Debt collection agencies must comply not only with state laws, but also with the federal Fair Debt Collection Practices Act (FDCPA). The FDCPA prohibits abusive and deceptive debt collection tactics, such as calling a consumer and failing to identify the reason for calling, calling at inappropriately early or late hours, contacting the consumer at work after being told the consumer cannot receive calls at work, revealing the consumer’s debt to third parties, or threatening violence.

Collections and Bankruptcy

Filing for Chapter 7 or Chapter 13 bankruptcy triggers an automatic stay. This is one of the best tools available to bankruptcy filers. When a person files for bankruptcy, the court will issue an order called an automatic stay. This puts an immediate stop to collection attempts, creditor harassment, along with any civil lawsuits filed against the person pursuing bankruptcy.

The automatic stay gives filers relief when they face multiple financial pressures and collection actions at the same time.

Automatic Stay Benefits

When someone is facing severe financial hardship, they may be at risk of losing the most basic of necessities. If they are behind on utility bills and face losing water, electricity, or gas service, the automatic stay can give them extra time to resolve the issue and avoid a shutoff.

The same protection applies to someone facing foreclosure. The automatic stay immediately pauses those proceedings. If the filer rents their home and is facing eviction, the stay may also provide temporary relief.

Click here to read more.

If you have questions about this topic or are facing financial hardship and considering bankruptcy, contact an experienced Miami bankruptcy attorney who can explain your options. As both an experienced CPA and a proven bankruptcy lawyer, Timothy Kingcade helps clients use bankruptcy laws to protect their assets and pursue successful outcomes. Since 1996, Kingcade Garcia McMaken has helped people from all walks of life build a stronger financial future. Our attorneys help thousands of people each year use bankruptcy protection to restart, rebuild, and recover. Once you hire our firm, we will contact your creditors to stop the harassment. You can also find helpful consumer information on the Kingcade Garcia McMaken website at www.miamibankruptcy.com.

Bankruptcy is an Option to Help You, Not Hurt You

Posted on September 12, 2012by Admin

For many Americans, the thought of filing bankruptcy is a very scary thing. So scary in fact, that many of them miss out on the positive changes and financial freedom filing for bankruptcy protection can bring. The first thing that happens when a person files for bankruptcy is an automatic stay will go into effect for all of their bills, which forbids creditors from harassing debtors.
Perhaps the most common worry among Americans when it comes to filing bankruptcy is the long-term effects it will have on their credit score. Many believe it is impossible to ever have a decent credit score, again. This could not be further from the truth. Almost immediately after a person is discharged of their debt, there are many steps available to rebuild their credit score. The person filing for bankruptcy is most likely delinquent on bills and already their credit score has suffered. Filing for bankruptcy protection can actually be the easiest way to improve an already troubled credit score.
To read more on this story visit: http://www.miamibankruptcy.com/blog/2012/08/afraid-of-bankruptcys-impact-it-might-actually-improve-your-situation.shtml
If you are in a financial crisis and are considering filing bankruptcy, contact an experienced attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia, P.A. at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Bank of America Sells Credit Card Debts to Collectors Despite Inaccurate Records

Posted on April 16, 2012by Admin

There have been countless lawsuits filed against collection agencies for unlawful debt collection practices. Agencies such as CACH LLC have been buying debt from banks, like Bank of America for a number of years. In many cases the banks are selling debt and not providing proper legal documentation as to who swore in the affidavits or who the actual debtor was. In other cases, Bank of America sold debt to CACH LLC, in which some payments had been made, but banks failed to credit the borrowers.
Thousands of lawsuits have been filed due to the inaccurate debt Bank of America sold to CACH. In many cases where collection agencies file a suit against a borrower and the borrower does not show up for the hearing, a default judgment occurs. However, in some cases the borrower will fight the claim in which the collection agency would be found at fault due to inadequate documentation. Many court officials believe the banks should be held accountable, because in these cases, the suits stem from their inability to produce adequate documentation.
To read more on this story visit: http://www.americanbanker.com/issues/177_62/bofa-credit-cards-collections-debts-faulty-records-1047992-1.html?zkPrintable=1&nopagination=1
If you are in a financial crisis and are considering filing bankruptcy, contact an experienced attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia, P.A. at www.miamibankruptcy.com

Timothy Kingcade Posts

Tips for Dealing with Debt Collectors from Consumer Ally

Posted on November 22, 2010by Admin

As a consumer, it is important to know your rights if you are receiving harassing calls from collection agencies. Even if you do owe money, you still have rights. Thanks to federal laws such as the Fair Debt Collection Practices Act consumers are protected from unscrupulous means of debt collection.
Below are some tips for dealing with debt collection calls and understanding the rules:
1.) Debt collection calls have limits. Collectors cannot call you before 8 AM or after 9 PM, or at your work.
2.) Do not ignore a debt collector, even if you do not believe you are responsible for the debt. The Federal Trade Commission advises that you send a letter by certified mail with a return receipt. After that, they cannot contact you again except under very specific circumstances, such as filing a lawsuit against you.
3.) Debt collectors cannot discuss your debt with just anyone. They can contact others about your debt, but only to find ways to contact you. They may not discuss your debt with anyone but the person who owes the money, their spouse or their lawyer.
4.) Notification must be in writing. After you have been called by a collector, they are required to notify you within 5 days in writing with a statement of what you owe and a means to object if you dispute the debt.
5.) Abusive debt collection practices are prohibited. Debt collectors are forbidden from harassment or abuse, including threats, obscenities and repeated phone calls.
6.) Debt collectors must identify themselves. Debt collectors are forbidden from misrepresenting who they are what you owe and that owing money is a crime.
7.) Interest rates capped. Collectors cannot charge interest above what is permitted by state law.
8.) Garnishment is restricted. Garnishment is allowed only if you are sued and lose and the court orders that action.
9.) As a consumer, you can sue. You can sue a debt collector for violating the Federal Debt Collection Practices Act for both damages suffered by their acts and for simply violating the rules. You can recover actual damages and up to $1,000, plus court costs and attorney fees if you win, even if you didn’t suffer a specific loss due to the collection activity.
To read more on this story you can visit…
http://www.walletpop.com/blog/2010/11/05/10-tips-for-dealing-with-debt-collectors/
If you have any questions on this topic please feel free to contact bankruptcy attorney, Timothy Kingcade at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia, P.A. website at www.miamibankruptcy.com.