In many circumstances, the consumer has rights against the collector which might avoid the need for bankruptcy relief. One weapon is the Fair Debt Collection Practices Act or FDCPA.
The FDCPA prohibits contracts from third parties if the collector knows the debtor is represented by a bankruptcy attorney, otherwise contact with third parties is permitted but only to locate the debtor. In practice, writing is required in advising of bankruptcy attorney representation to avoid he said she said dispute.
The collector must inform the debtor in every communication that the communication is from a debt collector. The collector must send the consumer dispute verification invitation within five days of initial contact, and the collector must suspend collection until the debt is verified if the dispute is received within 30 days.
A debt collector may not harass,