Being indebted is a harsh reality for many Americans. In fact, it is estimated that roughly 340 million US citizens live with some form of debt or another which creditors work tirelessly to collect.
While doing so is well within their legal right, there are rules and regulations in place defining exactly how creditors can approach the issue. However, many people are unaware of this fact, which is where the problem lies.
In order to collect their dues, some creditors will resort to pressuring tactics which not only adds insult to injury but also makes it difficult for debtors to focus on resolving their financial issues and can even have a significant impact on their emotional well-being.
Fortunately, there are ways to deal with this issue, the best of which is enlisting the help of an experienced creditor harassment attorney in San Diego to help you get familiarized with the process as well as to stop their advancements.
What is Creditor Harassment?
Creditor harassment is any behavior or action by a creditor (or their representatives) that is intended to intimidate, embarrass, belittle, or otherwise put pressure on a debtor. This behavior can occur at any stage of the debt collection process, from the first missed payment to the final resolution.
How does creditor harassment occur?
According to the Fair Debt Collection Practices Act (FDCPA), it is illegal for creditors to use any deceptive, abusive, or unfair practices when collecting. Even so, this lets them employ a variety of tactics to pressure debtors into paying their dues. Some are more extreme than others, but the most common ones are:
- Constant phone calls and messages: Creditors may call or message the debtor multiple times a day, outside of normal business hours, and at the most inconvenient times. Also, they may use different phone numbers or block their caller ID to make it difficult for the debtor to avoid their calls.
- Threats of legal action: While creditors do have the right to pursue legal action, they cannot threaten to take action they do not intend to take or that is not legally allowed (such as filing a lawsuit or garnishing debtor’s wages).
- Contacting third parties: Creditors are only allowed to contact third parties to locate the debtor or to confirm their contact information. However, they are not allowed to contact the debtor’s family, friends, or employer in an attempt to embarrass or pressure them into paying.
- Misrepresenting the amount owed: Inflating the amount owed or adding unauthorized fees and charges to the debt is not within the creditor’s rights. If there are legal grounds to do so, they must provide an accurate and itemized statement of the debt upon request.
- Embarrassing or abusive language: Using abusive or obscene language, insulting the debtor, or making derogatory comments about their financial situation is absolutely unacceptable and, as such, considered harassment.
It should be noted that creditor harassment may include unlawful actions such as claiming to be law enforcement or government officials, and even threats of physical harm. Granted, these are the most extreme cases and they are quite rare, but aren’t unheard of.
How does creditor harassment impact debtors?
As we already stated, this type of behavior can have severe repercussions for an individual’s emotional, physical, and financial well-being.
- Emotionally, constant pressure can cause anxiety, stress, and even depression, all of which can affect a person’s relationships, work, and overall quality of life.
- Physically, pent-up stress can lead to a variety of health issues, including tension headaches, high blood pressure, insomnia, and many others.
- Financially, creditor harassment can result in the debtor paying more than they owe, as they can agree to arrangements they cannot afford or pay inflated fees and charges. In some cases, this behavior can result in the debtor losing their job, due to creditors damaging their reputation when they contact their employer.
Which creditor harassment attorney in San Diego should I turn to?
You have the right to be treated with respect and dignity, regardless of your financial situation, and Law Offices of Mark L. Miller are here to ensure that. We have years of experience dealing with aggressive creditors and our lawyers are always ready to stand up for you and stop them in their tracks.
We cover the entirety of the San Diego area, so whether you live in Mission Valley or anywhere within the county, you can rest assured that you have an adept team to protect you. Reach out to us today and let us fight for your rights!