Highly Seasoned Legal Professionals

You have protections against illegal creditor harassment

On Behalf of | Aug 13, 2020 | bankruptcy |

The harassment seems to be unending from creditors. You know you are in dire financial straits, and you do not need persistent debt collectors to remind you by bothering you several times a week. You are looking into filing for bankruptcy because you understand your precarious financial situation. Meanwhile, harassment from creditors grows worse.

The continuous calls at home and work, voicemails, texts and the fact that these creditors also are bothering your relatives has left you paralyzed from anxiety and rightfully angry. But you have protections, and the law is on your side.

Federal law is on your side

Aggressive and rude are among the more complimentary words to describe certain creditors. When faced with these harassers, it is crucial to keep your cool, maintain detailed records and request verification of the debt.

Do not forget that you have a secret legal weapon known as the Fair Debt Collection Practices Act (FDCPA). This federal law prohibits certain debt collection behaviors while protecting consumers from harassment. Significant aspects of the FDCPA target debt collectors, making it unlawful for them to:

  • Insist you pay more than what you owe or add extra fees not allowed by the original loan or credit agreement
  • Contact you at your workplace
  • Contact your employer, family and relatives
  • Contact you before 8 a.m. or after 9 p.m. or at inconvenient times
  • Continually contact you throughout the day
  • Subscribe to intimidating, bullying, profane and insulting language
  • Threaten you with loss of child custody and welfare benefits as well as arrest, job loss or wage garnishment

Remember, you can send a cease communication letter to creditors. As a result, they can only contact you once more and only by mail. Additionally, declaring bankruptcy should end all harassment as well. Speaking with an experienced bankruptcy attorney may also be in your best interest. As soon as an attorney confirms to your creditors that you are going to file bankruptcy, the calls usually stop.