First of all, you must know that you have not violated any laws nor committed any crime. If you are contacted by any debt collectors while we are working with you, our first advice would be to contact us and not have any conversations with them. If it is impossible not to talk to them, please understand that they are very limited in what they can do.
Some of the things they cannot do are:
(1) Threaten you with a crime: You have not committed a crime and nothing you have done is likely to be criminal. If they make those threats, it is only to cause fear and extract from you some payment. All such threats should be reported to my office immediately.
(2) Secured Debt: You may have some secured debt. Secured debt is that upon which a creditor has collateral. For example, a mortgage is secured debt; a car loan is typically a secured debt. If you wish to keep the asset that is secured, that is the house or the car, you need to make the payments to the secured creditor. If you are returning the vehicle, or vacating the house, it is not necessary to continue to make the payments as the bankruptcy will take care of that matter. However, if you wish to maintain the house, the car or any other secured assets, you should continue to make the payments, even throughout the bankruptcy procedure.
(3) Judgments: One of the questions we often receive concerns judgments. A judgment is a decree by a Court indicating that a debt is owed. A judgment cannot be obtained without you being notified of paperwork being filed with the Court. If a creditor tells you there is a judgment, the only way a judgment can be obtained is if the judgment was entered on record in a Court in the state you live. Do not argue with the collectors; simply hang up and call our office. We can check the records in the State Courts to determine whether or not a judgment has been obtained against you. If no judgment has been obtained, no garnishment, attachment or levy can be had against you. If papers are served on you while we are working on your case, immediately bring those to our office and we will contact the necessary parties advising that a bankruptcy is being filed. Debt collectors typically do not have judgments. It would only be through a law office.
(4) Garnishing your wages: They cannot garnish your wages until such time as they have obtained a judgment. If a judgment has been entered against you, let us know immediately. A judgment can only be obtained through legal process. This legal process would include a petition having been served upon you and you having an opportunity to appear in court. If these things have not occurred, then they cannot garnish your wages.
(5) Homestead: If you live in Iowa, they cannot come after your homestead as it is exempt and a judgment will have no effect on that homestead. If you live in Illinois or Wisconsin, the rules are different and we can discuss those.
(6) Calls: They cannot call your employer, except once to talk to you; they cannot call your family, neighbors or other individuals. If they indicate that they are going to do that, it is a violation of Federal Law. Contact our office immediately regarding those matters.
(7) Law Offices: If you are contacted by a debt collector who appears to be a law office, be sure you ask whether or not they are, in fact, lawyers. There are only a few lawyers in the State of Iowa that do full-time debt collection matters. Other organizations out of the State may not be lawyers, merely debt collectors using names that sound like lawyers. If they are lawyers, tell them you are working with us and they will cease conversation with you immediately. If they will not cease communication, you can assume they are not lawyers. In any event, contact us with any calls that you receive regarding these matters. As I have indicated, I would prefer you not talk to these people but refer them to us.
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