If you’ve gained some debt and find yourself in a situation where you’re unable to keep meeting all the necessary payments, your creditors could come after you. However, not all actions from your creditors are legal, and some constitute creditor harassment. In order to recognize it and prevent it by hiring San Diego’s leading debt collector attorney, you need to learn more about what creditor harassment actually is. That’s what we’re here to find out, so don’t worry.
What is creditor harassment?
Creditors are those individuals you have a debt toward. Legally, if you stop contributing toward repaying your debt, they’re allowed to pursue their funds in several different legal ways. However, you have to know that creditor harassment is completely unlawful and that no creditor has the right to take such action against any debtor.
Harassment can take on various shapes and forms. Some of the actions creditors will take against you will only be a minor nuisance, while others may cause serious stress and be extremely damaging to your mental health. Whatever the severity of harassment you’re undergoing – it’s illegal and they have no right to do it.
Some of the most common examples of creditor harassment are:
- Calling you after 9 PM and before 8 AM
- Reaching out to you several times a day
- Contacting you even though you’ve hired legal counsel
- Revealing your information to another party
- Using profane and abusive language
- Threatening with arrest and different unpermitted legal actions
- Continuing attempts while you’re in the process of bankruptcy
- Pretending to be a member of law enforcement or a government agent
- Threatening garnishes and property seizures
- Providing bad information to credit agencies, employers, and financial institutions
- Depositing checks prior to their written date
- Placing pressure on you to provide larger installments or lump sum payments
- Embarrassing you in public
What are the principles of FDCPA?
FDCPA refers to the Fair Debt Collection Practices Act. Under this act, debt collectors aren’t allowed to pursue any type of collection action against you that involves different types of abuse, harassment, and oppression of any kind.
However, you might be unfamiliar with the details of FDCPA and how it can protect you from harassment. That’s why we’re here to explore the two main types of protection that this act grants you – protection against misrepresentation and harassment.
The first rule of FDCPA is that no debt collector is allowed to use misleading, deceptive, or false practices while attempting to collect a debt. This includes false information on the amount of debt, legal action against you, as well as various other threats made against you.
This is why you should save the documentation you receive from the collectors and provide ample evidence of misrepresentation if need be. Also, the CFPB provides sample letters you can use to respond to collectors making illegal action in an attempt to receive their payments.
The Fair Debt Collection Practices Act also protects all debtors from repeated and extensive harassment from their creditors. What’s more, if your debt collectors violate the FDCPA, you are free to take legal action against them and receive compensation in damages and court fees.
Who are San Diego’s most reputable debt collection attorneys?
Experiencing creditor harassment is a difficult ordeal and one which you should never allow to continue. Besides learning the facts about it, you should also know how you can avoid creditor harassment and be familiar with the things debt collectors can and cannot do to you. However, the most important thing is realizing that bankruptcy and lawyers are your best bet at stopping creditor harassment.
That’s what Bankruptcy Law Offices of Mark L. Miller is here to help you with. We’ll get creditors and debt collectors off your back and protect you against all further advancements. From there, we’ll smoothly guide you through the process of bankruptcy and do all we can to grant you swift and efficient financial relief. You can find our offices near Mormon Battalion Historic Site, so feel free to come in for a free consultation. Reach out to us today!