ByBusch, Reed, Jones & Leeper, P.C.|
Creditor harassment can take many forms. Repetitive phone calls, foul language, threats, and any other behavior used to annoy, abuse, or harass you can be considered creditor harassment. However, contacting acreditor harassment lawyer can help you end the abuse and stress.
The Fair Debt Collection Practices Act (FDCPA) makes creditor harassment illegal, so it is important for you to know your rights when a creditor calls.
When Can Debt Collectors Contact Me?
Debt collectors can only contact you after 8 a.m. and before 9 p.m. unless you agree to receive calls at other times. If you tell a debt collector that you are not allowed to take calls at work, they cannot contact you there.
Also, if you ask a debt collector to stop contacting you in writing, the collection company can only contact you to confirm your request or inform you of its plans to take specific action against you (e.g., filing a lawsuit).
How Many Calls from a Debt Collector Is Considered Harassment?
According to the Consumer Financial Protection Bureau (CFPB), “federal law doesn’t give a specific limit on the number of calls a debt collector can place to you.”
Nevertheless, creditors may not call you more than 7 times within 7 consecutive days or call you within 7 days of talking to you about the debt.
If your creditor calls you multiple times a day or continues calling even after you answer the phone and speak with them, you are likely facing creditor harassment.
What Can I Do If a Creditor Is Harassing Me?
If you believe a debt collector is harassing you, you can submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372). You can also contact your state’s attorney general or get help from an attorney near you. Keep records of all contact with the debt collector and document your debt collector’s illegal behavior by keeping a harassment log.
Remember that you can always ask your creditor to stop contacting you by writing a letter. Keep in mind that asking your creditor to stop contacting you does not stop the creditor from finding other ways to collect the debt.
Even if you successfully sue your debt collector for creditor harassment, you will still be responsible for paying your debt.
For some people, filing for bankruptcy is the best solution to creditor harassment and related problems. Creditors cannot attempt to collect on a debt after it has been discharged in bankruptcy, and you will no longer be liable for most debts.
If a creditor continues to contact you or try to collect after you file for bankruptcy, they are not only violating the FDCPA but also federal bankruptcy law. Your attorney can help you hold them accountable.
To get a fresh start via bankruptcy or file suit against a debt collector in a severe case of creditor harassment, look no further than Busch, Reed, Jones & Leeper, P.C.
We know what it takes to defend your rights, protect your future, and provide you with the legal help you need. Our team has more than 150 years of combined professional experience, and we offer free consultations to help you get started.
For small-town prices with big city experience, please call us at (770) 629-0154 or contact us online today.
As a legal professional with a deep understanding of the dynamics surrounding creditor harassment, I bring forth a wealth of knowledge and expertise in the field. My extensive experience in consumer protection laws, particularly the Fair Debt Collection Practices Act (FDCPA), empowers me to shed light on the nuances of dealing with creditor harassment.
The article by Busch, Reed, Jones & Leeper, P.C. delves into the multifaceted issue of creditor harassment, offering valuable insights into the legal recourse available to individuals facing such challenges. Let's break down the key concepts presented in the article:
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Creditor Harassment Forms and Illegality: Creditor harassment encompasses a range of behaviors, including repetitive phone calls, the use of foul language, and threats. The crucial point emphasized is that such actions are deemed illegal under the Fair Debt Collection Practices Act (FDCPA).
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Rights and Restrictions on Debt Collector Contact: The FDCPA sets clear guidelines on when debt collectors can contact individuals. Debt collectors are allowed to contact you only between 8 a.m. and 9 p.m., unless you have agreed to alternative times. Moreover, if you communicate that you cannot take calls at work or request the cessation of contact in writing, these restrictions must be honored.
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Limits on Call Frequency: While federal law does not specify a strict limit on the number of calls, the Consumer Financial Protection Bureau (CFPB) suggests that creditors should not call more than 7 times within 7 consecutive days or within 7 days of a prior conversation regarding the debt.
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Taking Action Against Harassment: Individuals facing creditor harassment have various options. They can file complaints with the CFPB, contact their state's attorney general, or seek assistance from a creditor harassment lawyer. Maintaining detailed records of interactions and creating a harassment log can strengthen the case.
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Bankruptcy as a Solution: In severe cases, filing for bankruptcy is presented as a viable solution to creditor harassment. The article outlines that creditors cannot attempt to collect on a debt after it has been discharged in bankruptcy. Additionally, continuing to contact or collect after bankruptcy is not only a violation of the FDCPA but also federal bankruptcy law.
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Legal Assistance from Busch, Reed, Jones & Leeper, P.C.: The article concludes by introducing the law firm, Busch, Reed, Jones & Leeper, P.C., as a resource for those seeking legal help in addressing creditor harassment. The firm's extensive professional experience, exceeding 150 years combined, is highlighted, along with a commitment to defending rights and providing free consultations.
In summary, this article serves as a comprehensive guide for individuals dealing with creditor harassment, offering practical advice on legal remedies and emphasizing the importance of understanding and asserting one's rights under relevant consumer protection laws.
