While debt collectors have the right to contact debtors when they fall behind on their payments, they are also mandated by law to refrain from any practices that are considered harassing in nature. According to the Fair Debt Collection Practices Act (FDCPA), creditors may not harass, oppress, or abuse any person while seeking payment for a debt.
If you feel that debt collectors are harassing you, here’s what you need to know.
Creditors and Harassing Behaviors
Debt collectors may display the following behaviors that are considered creditor harassment when collecting a debt:
- Repeated phone calls that are intended to aggravate, abuse, or harass.
- Using profanities.
- Violent threats.
- The threat of publishing your name to a list of people who refuse to pay their debts (this does not include reporting to credit agencies).Calling without identifying who they are.
The FDCPA protects debtors against debt collectors who use deceptive and misleading practices to collect a debt. Debt collectors must refrain from making misrepresentations about the following:
- The amount owed.
- Pretending to be an attorney.
- Making false threats to have you arrested.
- Threatening to do things that cannot be done legally.
If debt collectors are harassing you, it’s essential to keep records of every phone call, letter, or other interactions that you’ve had. Maintaining proper documentation and records of your communication, whether written or verbal, can help protect your rights in getting them to stop.
If you are struggling with debt and are receiving regular debt collection calls, bankruptcy may be the right option for you in settling your debt. Enlisting the help of an experienced bankruptcy attorney can help you get back on track. Contact the Law Offices of Parnell, Michels & McKay to discuss your options today.
Our Bankruptcy Lawyers Can Help
At the Law Offices of Parnell, Michels & McKay, our bankruptcy lawyers, Nancy Michels and David Stamatis, have been assisting fellow community members who have fallen on difficult financial times for a total of over 40 years. When facing bankruptcy, we handle the two primary filing options under the bankruptcy laws: Chapter 7 Bankruptcy and Chapter 13 Bankruptcy. Each option offers clients benefits under its protections, but specific requirements must be met under each chapter. We will review your specific situation and file the case that will provide the most assistance. Bankruptcy may be right in some cases and not others.
Bankruptcy protection can provide immediate relief and give you a new beginning. It is important to consult with a bankruptcy attorney early on as unfortunately, people make mistakes that could have been avoided if they had understood how bankruptcy works.
NOTICE: Pursuant to § 528 of the Bankruptcy Code, our law firm is a debt relief agency. We help individuals file for bankruptcy relief under the Bankruptcy Code.
Contact the Law Offices of Parnell, Michels & McKay
If you have considered filing for bankruptcy, but have been concerned with the prospect of doing so, now is the time to speak with the attorneys at Parnell, Michels & McKay. Our attorneys will take guide you through a process that can be as technically complicated as it is emotional. Please contact our office to learn more. Let us help you move toward some financial stability.