Ways to Stop Creditor Harassment
Being in debt can bring a level of stress that makes life unbearable at times. From credit card debt, to student loans, and other past due bills, the phone calls from debt collectors and creditors can make financial hardships much worse. But just because a person owes a debt, does not mean they deserve to be harassed. The Federal Trade Commission has rules against creditor harassment. Today, the attorneys at Kelley Kaplan & Eller will discuss the ways to stop creditor harassment.
What is Creditor Harassment?
Creditor harassment occurs when debt collectors make harassing, oppressing, or abusive phone calls to those who owe a debt. For example, creditor harassment includes:
- Repeated phone calls
- Foul language
- Threats of violence or harm
The Fair Debt Collection Practices Act
Under the Fair Debt Collection Practice Act, debt collectors and debt collection agencies cannot engage in any form of harassment. Additionally, debt collectors must or may:
- Provide identification
- Inform the debtor of the right to dispute
- Verify the debt
- Offer the name and address of the original creditor
- Not call debtors before 8:00 am or after 9:00 pm
- Not call repeatedly
- Not communicate with debtors at their workplace
How to Stop Creditor Harassment
One step to stop a creditor is to send a letter asking them to stop contacting you. The creditor or collection agency must comply with a debtor’s request. In the meantime, take note of all illegal activities in the event a lawsuit is necessary.
The next step is to retain the services of an experienced creditor harassment attorney. The attorney will handle the creditor or debt collection agency on your behalf so you can stop stressing over the situation. Additionally, the attorney will help you with putting a stop to creditor harassment.
Finally, creditor harassment can be dissolved with one word — bankruptcy. When a bankruptcy petition is filed, a “stay” goes into effect. The Bankruptcy stay is like a bubble of protection, and means that all collection activity must stop. This includes any legal action, garnishment and contact via phone or mail.
If a creditor continues to call or contact a debtor after bankruptcy has been filed, the creditor or collection agency is in violation of the “stay” and the bankruptcy laws. As a result, the creditor and collection agency can be held in contempt of court and face strict penalties by the bankruptcy court.
Do You Have Questions about Creditor Harassment and Not Falling Victim to Debt Collection Tactics? Call Our West Palm Beach Creditor Harassment Attorney Today.
If you or someone you know is the victim of creditor harassment, do not try to handle the debt collection agency or creditor on your own. Please reach out and contact a West Palm Beach creditor harassment attorney at Kelley Kaplan & Eller at 561-264-6850 for a consultation. Many of the tactics the debt collection agencies and creditors use today are illegal. Let us fight for your rights and help you get the creditors off your back.
Resource:
ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text
https://www.kelleylawoffice.com/whats-considered-creditor-harassment-and-what-isnt/
