Debt collectors are persistent, aggressive, intimidating, and can be borderline ruthless in their attempts to get a person to pay what they owe, making dealing with them a stressful and overwhelming experience.
However, despite all their “qualities”, creditors aren’t all-powerful. In fact, their overly aggressive behavior, known as “creditor harassment”, is made illegal under the Fair Debt Collection Practices Act (FDCPA).
Even so, in the face of overwhelming debt, researching federal law is low on a person’s priority list, which makes it possible for creditors to go way beyond their legally established borders.
Yet, this fact alone is the reason why you should know your rights, as well as have an excellent San Diego creditor harassment attorney – so you could take appropriate action to protect yourself.
What you shouldn’t do when facing creditor harassment?
When dealing with creditor harassment, your first instinct may be to stand up to them and fight fire with fire. This is exactly the wrong approach and it can only serve to make a bad situation worse. Therefore, try your best not to:
- Ignore their calls or letters. Doing so won’t make the problem go away, and it could make collectors more aggressive.
- Make promises you can’t keep. If you promise to pay the debt by a certain date and then don’t, the creditor could use that against you.
- Give them access to your bank account or credit card information. They could use this information to withdraw more money than you owe or to charge your credit card without your permission.
- Be rude or hostile. Although the creditor’s behavior may be frustrating, being rude or hostile could escalate the situation. Remain calm and professional, and focus on protecting your rights.
What you should do if you are being harassed by a creditor?
While nothing can replace having a good lawyer to deal with creditors in a legally appropriate way, there are several actions you can take if you wish to protect yourself from harassment.
Document the harassment
The first thing you should do is document the harassment. Keep a record of all the calls, letters, and other communications you receive from the creditor or their representative(s). Also, be sure to write down the date, time, and content of each communication.
If possible, record the phone calls (under the California Penal Code §632, you are allowed to do this, unless the conversation is confidential). This documentation will help you prove that the debt collector is harassing you if you decide to take legal action.
Request everything in writing
You should attempt to communicate with the creditor exclusively in writing, for the same reason mentioned above. Additionally, under the FDCPA, you have the right to request that the debt collector stop contacting you. This request is known as a “cease and desist” letter and you should always make it a physical copy.
Be sure to send the letter by certified mail, return receipt requested, so you have proof that the debt collector received it. Once they receive the letter, they can only contact you to acknowledge receipt of the letter or to inform you that they are taking legal action against you.
Hire a creditor harassment lawyer
This is the best way to deal with aggressive creditors and protect your rights, bar none. An experienced attorney can help you:
- Understand your rights under the FDCPA (and other related consumer protection laws);
- Document the harassment and collect evidence to support your case;
- Draft and send cease and desist letters to the debt collector;
- Negotiate a settlement with the debt collector;
- Represent you in a lawsuit against the debt collector(s) if necessary.
Additionally, a good lawyer can also help you get compensation for any damages caused by the harassment, such as emotional distress or lost wages.
Which San Diego creditor harassment attorney should I hire?
If you’re dealing with aggressive creditors and their intimidation tactics, there’s no one better north or east of Mission Bay to stand up for your rights than the Law Offices of Mark L. Miller. With extensive knowledge of California law and decades of experience, we are the prime team to protect you in your hour of need. Reach out to our San Diego office today and ensure your peace of mind!