Creditor Harassment Lawyer
Helping You Rebuild Financial Freedom
What Is Harassment by Creditors?
Creditor harassment is the use of threats, abuse, repetitive phone calls, foul language, coercion, and any other aggressive behavior considered to insult or harass debtors to recover debts owed by them. Although federal law allows an original creditor to ask you for payments, a third-party debt collector’s use of such behavior is inadmissible and considered illegal by the Fair Debt Collection Practices Act (FDCPA).
Creditor harassment is a regular occurrence, and if you fall victim, know that you have legal rights to protect yourself. A creditor harassment lawyer can step in to stop illegal collection tactics and protect you from further abuse. Consider hiring a creditor harassment attorney to assist in ending the illegal collection approach by debt collectors.
Which Acts Are Considered Creditor Harassment?
Despite the Fair Debt Collection Practices Act (FDCPA) protecting consumers against creditor harassment, most debt collectors still use excessive phone calls, text messages, social media, and emails to ask for repayments.
As per the Fair Debt Collection Practices Act, the following acts are considered harassment:
- Use of violence, threats, or other unlawful methods to harm a person physically and to destroy their reputation or property.
- Use of disrespectful or obscene language with the intent of insulting the receiver.
- Making public a list of consumers who refuse to settle their debts other than to a reporting agency.
- Coercing debt repayment by advertising it for sale.
- Making repeat calls or constantly engaging a person in a continuous phone conversation intending to abuse, annoy and harass the debtor.
- Placing multiple calls without disclosing the caller’s identity.
- Provision of deceptive information on the alleged debt status.
- Representing misleading information of a debtor to a law enforcement officer or an attorney, resulting in an arrest or imprisonment.
- Threatening to take illegal actions against the debt collector.
- Debt collection agencies or creditors threatening to seize, sell or confiscate your property without following the legal process
Creditor Harassment Laws in Georgia
Business Debt Not Covered
The Consumer Protection Division, under the federal Fair Debt Collection Practices Act (FDCPA), covers personal, household, and family debts. Such debts include unpaid credit cards, medical care bills, charge accounts, and car loans. The FDCPA does not cover business debts.
Communication Through an Attorney
If you have an attorney, the FDCPA disallows debt collectors from reaching out to others except to your attorney. The debt collector may approach other people to consult where you work or live if you don’t have an attorney. However, they should keep your debt status private.
Protocol Regarding Names
The debt collector should use their name rather than the name of the debt collection agency.
Recovery of Debt From Minors
If the supposed debt holder is under 18, the debt collector may deliberate with the parents, spouse, guardian, state executor, or the consignor of the loan.
Restrictions on Contacting Debt Holders
The law allows a debt collector to contact you in person or indirectly using means of mail, email, telephone, telegram, or fax. Unless you grant permission or through a court order, a debt collector or creditor may not:
- Contact you during an improper time, i.e., before 8:00 AM or late after 9:00 PM.
- Contact you when they have the knowledge that your attorney is representing you.
- Harass you in person at your place of work.
Legal Process: What to Expect When You Hire Us
After you contact our office, we will review the harassment you’ve experienced and any records you’ve kept (calls, messages, letters, or threats). Next, we can send a cease and desist letter and notify the collector that all communication must go through your attorney.
If the harassment continues, we help you file complaints with the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), or the appropriate state agency. When warranted, we can pursue a claim under the FDCPA to recover damages and attorney’s fees. If your situation involves overwhelming debt, we will also explain whether bankruptcy and an automatic stay may be the right next step.
How Can I Stop Creditor Harassment?
If you are a victim of credit harassment, the Consumer Financial Protection Bureau (CFBP) assures you the right to obtain legal protection and holds creditors liable for violating the FDCPA law.
To ensure your protection from creditor harassment, try and do the following:
Identify Your Rights
To know your rights contact the CFPB and inquire about how to protect yourself from deceptive, unfair, or abusive practices by debt collectors and financial companies. The CFPB will assist you by providing an online complaint form which you may use to file a claim against debt collection agencies or financial companies.
Keep a Record of All Misconducts by Creditors
If you are going through creditor harassment, you should keep a record of all the communications, which include:
- A history of the time and date of received calls.
- A record of all written communication from the creditor or debt collection agency.
- Record all abusive conversations and threats.
- Record any communication from the debt collector after advising them to contact your attorney.
Write a Cease and Desist Letter
Before you file a complaint about creditor harassment, you may first try and send a cease and desist letter to them, ideally with the assistance of an attorney. The letter is a formal request warning them against harassment or contractual violations.
Hire a Credit Harassment Attorney
If the harassment does not stop, consider hiring a creditor harassment attorney right away. Your attorney can take over communications, protect your rights, and pursue legal action if needed.
File a Complaint Against the Debt Collector
If the harassment continues, you or your attorney can file a complaint with the Consumer Financial Protection Bureau, your state’s agency, or the Federal Trade Commission. Include details and copies of debt collection communications. The FDCPA law allows you to sue for damages in state or federal court, and if you win, the creditor may be liable for restitution and attorney’s fees.
Can Filing Bankruptcy Stop Debt Collector Harassment?
When you file bankruptcy, an automatic stay goes into effect immediately. Its primary purpose is to protect debtors from pressure, harassment, and creditors’ demands.
If a creditor violates the automatic stay, your bankruptcy attorney may file for damages. The court may ask them to pay for damages and hold the creditor in contempt of the bankruptcy law.
How Our Creditor Harassment Lawyer Helps
- Stop harassing calls, texts, and threats under the FDCPA
- Draft and send cease-and-desist letters
- Require collectors to communicate only through your attorney
- File CFPB, FTC, or state consumer complaints
- Pursue FDCPA lawsuits for damages and attorney’s fees
- Advise on bankruptcy options when harassment is tied to unmanageable debt
When Should You Seek Help From a Credit Harassment Attorney?
If you are experiencing credit harassment, consider hiring a creditor harassment attorney immediately. A lawyer can provide you with legal advice on how to stop debt collection harassment and help you take action under the FDCPA or through bankruptcy if appropriate.
At Cherney Law Firm, LLC, we have debt negotiation attorneys ready to assist you in filing or pursuing a lawsuit against a harassing debt collection company.
Contact us today to schedule a consultation. Call our office or use the contact form on this page.
Frequently Asked Questions
On the cease and desist letter, you may use the 11-word phrase “Please cease and desist all calls and contact with me, immediately” to stop them from contacting you.