Creditor Harassment-How to Stop the Calls

You Have the Power to Stop the Constant Calls from Debt Collectors 

What Is Creditor Harassment? 

Creditor harassment is when debt collectors use tactics that are prohibited by the Fair Debt Collection Practices Act or FDCPA. Just because you have outstanding or overdue debts, you still have the right as a consumer to be treated fairly and with dignity and respect. This act is a federal law created to help protect your rights by describing in detail exactly how debt collectors must behave, and the rules they must follow, when they are trying to collect from you. Some states also have their own similar laws, which may provide you with additional protection. A debt collector may communicate with you by mail, in person, by telephone or telegram. However, examples of some of the things that debt collectors can NOT do include:

*  call you at work if that is inconvenient for you

*  call you before 8 a.m. or after 9 p.m.

*  tell your family, neighbors, co-workers, boss or others about your debt

*  embarrass or humiliate you, get you fired from your job

*  threaten to garnish your wages or sue you unless they are attorneys licensed in your

    state

*  threaten violence or harm to you, your property or your reputation

*  threaten to arrest you

*  use obscene or profane language

*  call without identifying themselves

*  make false statements about the amount or legal status of your debt

*  say that papers being sent are legal papers if they are not

*  send you anything that looks like an official document from a court or government

    agency when it is not

This is just a brief summary of some of your legal rights and what debt collectors are prohibited by law from doing. If a debt collector has violated your rights, we can help put an end to creditor harassment. We protect your right to fair, legal debt collection and make illegal debt collection activities stop. Debt collectors often use sophisticated tactics that many consumers do not realize or illegal. Some count on you being too embarrassed to ask for legal help and to fight back. You should not hesitate to stand up for your rights, but you should not try to do that alone. Please contact us so that we can help.

How to Stop Creditor Harassment

Written requests-cease and desis letters  -  If your phone won’t stop ringing with debt collection calls or if you are getting threatening letters from your creditors, there are a number of steps you can take to put an end to these annoying tactics. The first thing you can do is to send the debt collectors a written request demanding that they stop contacting you. They then are required by law to stop immediately. However they are allowed to send you one final communication to let you know if they intend to take a specific action against you including filing a lawsuit. If  you are interested in taking advantage of this powerful provision of the FDCPA please contact our office.

Retain an Attorney to handle the debt collectors -- If you decide to retain a consumer rights, or bankruptcy attorney such as our firm to represent you, the debt collector must then communicate with you only through your lawyer. You should consider contacting us if your debt collectors have filed lawsuits against you, or if you feel that their collection activities have violated your rights. The FDCPA gives you the right to file a lawsuit against any debt collector who violates your rights, if you bring your lawsuit within one year of the date you believe that your rights were violated. If you do not sue the debt collector within one year of the violation, you will not be able to bring a lawsuit at any time in the future. If you win your lawsuit, you may recover your actual damages, statutory damages up to $1,000, and any of your attorney fees and costs. While the dollar amount may not seem that great, the costs for a debt collector who violates the law include much more. They will also face potential governmental regulatory action, increased insurance rates and the costs of retaining their own legal counsel.

Defending Debt Collection Lawsuits – If you have received a Summons or Complaint or an Arbitration Notice for a credit card, medical, cell phone or other consumer debt you should know that you have options. There are often defenses to these lawsuits that may allow you to pay only a portion of your debt. Since creditors have the burden of proof, if their record-keeping is incomplete and they cannot prove that you owe the debt, you may not have to pay at all.

You should know that most creditor lawsuits are not challenged though, and you as a consumer are usually faced with a Default Judgment. This means you must pay the full amount that the creditor seeks as well as possible attorney fees and court costs. Your credit rating may be substantially damaged, causing you to pay higher interest rates on your loans. It may also make it more difficult for you to be hired or change jobs since many employers today check credit reports before hiring a new employee. That is why it is so important that you respond to these lawsuits promptly and professionally, to do everything possible to avoid a default judgment.

We may also be able to help you with a credit card debt that has gone or is about to go to a collection agency. Often we are able to negotiate more favorable payment terms, or even a lower amount that you may be able to pay. Some of your income and assets may be exempt from creditors, including your Social Security, pensions, homesteads and automobiles. Contact us so that we can review your situation with you and explain your options. You will know that your interests are being represented by a professional with the experience and commitment to help you make an informed and intelligent decision about how to best handle your situation.

Back to Home Page