Being in debt is burdensome enough, even without adding more stress to an already bad situation. The problem, however, is that creditors and debt collectors seem to ignore this fact in the vast majority of cases.
Fortunately, there are laws in place to protect you from abusive debt collection practices. Even if you hire the leading creditor harassment lawyer in San Diego, you should take the time to understand these laws.
Doing so empowers you to even further assert yourself, exercise your rights, and ensure a fair resolution of your case. Remember, you have rights, and no one should make you feel trapped or overwhelmed when attempting to collect the debt.
Which debt collection practices are prohibited?
When it comes to debt collection, both creditors and retrieval agents must adhere to specific guidelines established by the Fair Debt Collection Practices Act (FDCPA). These guidelines clearly define what they can and cannot do, which is why understanding them is key when attempting to deal with creditor harassment.
Communication and Mannerism
One of the primary concerns (and the most common violation of FDCPA) is the manner in which creditors communicate with debtors. Per this act, creditors cannot:
- Engage in repeated or continuous phone calls intended to annoy, harass, or abuse the debtor. In fact, they are not allowed to contact you more than 7 times in a 7-day period.
- Use obscene, profane, or abusive language during communications with the debtor.
- Threaten the debtor with violence or harm.
- Make false statements about the debtor’s debt (e.g. inflating the amount owed or misrepresenting their identity).
- Contact the debtor at inconvenient times, typically before 8:00 a.m. or after 9:00 p.m., unless the debtor has given consent to be contacted during those hours.
Misleading or deceptive actions
Creditors are prohibited from using deceptive tactics to collect debts. Some examples of prohibited actions include:
- Falsely representing the amount owed or misrepresenting the legal consequences of non-payment.
- Implying that they are a law enforcement agency or that the debtor has committed a crime.
- Sending documents that resemble official government forms or court documents when they are not.
- Threatening to take legal action they cannot or do not intend to pursue.
Confidentiality and disclosure
Maintaining confidentiality when communicating with debtors is imperative both for creditors and collection agents. As such, they are prohibited from:
- Discussing the debt with third parties, such as friends, family, or employers, without the debtor’s permission.
- Providing false information about the debt to credit reporting agencies.
- Sending mail that reveals the debtor’s indebtedness to third parties.
Other unfair practices
In addition to the aforementioned actions, creditors are prohibited from engaging in unfair practices, including:
- Attempting to collect additional fees, interest, or charges not outlined in the original contract or allowed by law.
- Depositing a post-dated check before the agreed-upon date.
- Threatening to seize or repossess property when they do not have the legal authority to do so.
- Continuing to contact the debtor after receiving a written request (“cease and desist letter”) to stop communication.
Which creditor harassment lawyer in San Diego & near me should I turn to for expert assistance?
If you’re experiencing creditor harassment and don’t know how to stop it, turn to the veteran team at the Bankruptcy Law Offices of Mark L. Miller. We understand the stress and frustration that can arise from dealing with aggressive creditors, and we’re here to help you reclaim your peace of mind.
Our experienced attorneys specialize in protecting consumers from abusive debt collection practices. With a deep understanding of the laws governing creditor actions, we will fight tirelessly on your behalf to ensure your rights are upheld and that you’re treated with the respect and fairness you deserve.
Whether you need determined legal representation to handle every aspect of your creditor harassment problems or simply wish to learn more about the issue, all you need to do is
Get in touch with us today or visit our offices near Heritage County Park to learn more about creditor harassment and to ensure you have a determined legal partner to handle every aspect of this annoying issue.