Can a debt collector contact me if I’ve declared bankruptcy?
Yes, a debt collector can contact you if you have declared bankruptcy in Washington. Under debt collection law, bankruptcy does not eliminate your obligation to pay a debt. In some cases, creditors may be willing to settle for less than the full amount due, but the debt collector is still allowed to contact the debtor. The debt collector must comply with applicable federal and state laws, which in Washington include the Washington Fair Debt Collection Practices Act. This law governs how a debt collector may contact a debtor in Washington who has declared bankruptcy. The law states that a debt collector may not contact the debtor personally by telephone, email, text message, or other electronic communication. They may, however, contact the debtor’s attorney, a credit reporting agency, or a bankruptcy trustee. Debt collectors are also prohibited from attempting to collect a debt or discuss the debt with the debtor once a bankruptcy is filed or a discharge is granted. This includes notifying the debtor in writing of any collection activity, including threatening the debtor with legal action or wage garnishment. Further, the debt collector is prohibited from contacting a debtor’s friends, colleagues, or family members regarding the debt. If a debt collector is contacted by a debtor’s family member, they must inform the family member that they may only discuss the debt with the debtor and that they are not to disclose the details of the debt. It is important to note that the debt collector is only prohibited from contacting the debtor, and not from any other actions, such as filing a lawsuit or taking other legal actions. By understanding your rights under debt collection law and utilizing them, you can protect yourself from any potential contact from a debt collector if you have declared bankruptcy in Washington.
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