Stop Collection Calls and Creditor Harassment
Even before you decide to declare bankruptcy, we’ll be able to put an end to the creditor harassment you’re experiencing. Collection calls, collection letters and harassing communications of all kinds will be put to an end once we begin handling your case.
End The Need To Screen Your Calls
What would it feel like to be able to answer your phone again — without experiencing the embarrassment and anxiety of having a creditor or collection agency on the other end? At the Hartford area, The Law Offices of Ronald I. Chorches, our accomplished attorneys can provide you with the powerful tool of automatic stay.
What debt collectors can and can’t do
As soon as you file for Chapter 7 bankruptcy, creditors and collection agencies are forbidden from contacting you or proceeding with any collection efforts or legal actions. If they do so, you can take legal action against them.
If you have debt, you may have experienced how annoying debt collectors can be. Because they hold a lot of power, they often think they can get away with irritating and abusive behavior. But, you still have rights even when in debt. Below are some of the usual ways in which creditors take advantage of people.
The first type of prohibited behavior is harassment. Harassment includes making threats and using profanity in conversation. Something else they could do is publicize your debt. Furthermore, they may spam you with calls or mail for no reason.
Another way in which creditors can exploit debtors is by providing inaccurate information. They may impersonate a government figure to coerce information or money out of you. A debt collector can also withhold correct information about your debt. They could give you an incorrect amount of the debt you owe. Or, they could imply that the law considers your debt a criminal act. The creditor could also lie about the name of their business. Moreover, they could even lie that they are a debt collector in the first place.
Collection agencies also sometimes use unfair practices. They may not, of course, receive any amount more than what you owe. There are technical rules as well. A creditor cannot deposit a postdated check early, for instance. They also can’t state on an envelope that its contents are about your debt.
If you believe that your collection agency has violated any of the above, it may be time to contact a lawyer that has experience in debt management cases. They may be able to get you reimbursed for the damages caused by a creditor. It might also stop the constant communication and relieve some stress as a result.
No one goes into debt with the intention of never paying it back, but sometimes life intervenes. An unexpected illness or job loss can make it difficult to keep up with bills, and once you fall behind, it can feel like an exercise in futility trying to catch up. On top of that stress, you have to deal with constant letters and phone calls from creditors, who often try to make you feel like a criminal for being in debt.
They may even resort to illegal tactics to scare you into paying. Thankfully, we have the Fair Debt Collection Practices Act, which protects debtors from harassment.
The FDCPA outlines the following requirements for collectors:
- They cannot call at inconvenient hours, specifically between eight o’clock in the morning and nine o’clock at night.
- They cannot call you repeatedly in an effort to annoy or abuse you.
- They must stop calling if you send a written request asking them to do so.
- They cannot threaten you with legal actions or arrest.
- They are prohibited from using profanity or abusive language with you.
Every time they call, they must also:
- Identify themselves as debt collectors and give you the name and address of the creditor you owe.
- If you ask for it, they must send you proof of the debt in writing.
- They have to let you know that you can dispute your debt.
Creditors also cannot call you if you have an attorney representing you. For that reason and many others, it may be a good idea to speak with an attorney about your debt. He or she can help stop the harassment and may be able to help you get a fresh financial start.
Get Protection Through The Fair Debt Collection Practices Act
The U.S. Fair Debt Collection Practices Act was enacted in 1977 and amended in 1996. It was designed to protect consumers from “abusive, deceptive, and unfair debt collection practices.”
If creditors or collection agencies continue to contact or harass you once you have filed for bankruptcy, they are in violation of the law and they know it. You have the right under the automatic stay provision of the United States Bankruptcy Code to file suit and collect monetary damages.
The Fair Debt Collection Practices Act prohibits creditors from:
Let Us Help You Stop Creditor Harassment
For a free, confidential consultation about Chapter 7 bankruptcy and how you can stop creditor harassment, please contact us online or call The Law Offices of Ronald I. Chorches at 860-563-3955.