While bankruptcy can have many benefits, possibly one of the most advantageous facets of filing for either Chapter 7 or Chapter 13 bankruptcy is that creditor harassment can be put to a stop. No one deserves to be called relentlessly until they pay their debt back and we understand that creditors can take monetary obligations too far. Threatening to take your home or harm you in any other way is considered illegal and under the Fair Debt Collections Practices Act (FDCPA) there is a quite a list of prohibited actions that debt collection agencies get away with far too often.
Legal Practices
Before considering what practices are illegal, we should take a look at what these creditors are able to do. They are allowed to contact you via phone, phone, mail or even in person, but they may not get in touch with you at inappropriate times and places. Calling after 9pm or showing up at your job to collect a payment is completely improper and should be put to an end. They must always be clear in their communication with you and be definitive about their identity.
Illegal Actions
It is against United States law for any creditors to abuse, harass or harm you or anyone else that you know in order to ascertain debt payments. The following is a list of some prohibited actions:
- Using violence or threats to get what they want
- Speaking to the debtor with profanity or calling incessantly
- Misleading the debtor into believing something that is untrue
- Changing their name as a debt collector so that they can get ahold of a debtor
- Falsifying the way in which they send you debt collection documents, making it appear to be an official government package
- Other unfair actions and practices
These are just some of the actions that are considered illegal and should not be tolerated in any such way. Once you file for bankruptcy, creditors must no longer attempt to continue to contact you but rather will get in touch with your attorney.
If you or a loved one is experiencing significant debt collection harassment, it is essential that you get in touch with our firm immediately. We can inform you of your options and help free you from the stress you are dealing with. Helping you consider alternatives or pursuing bankruptcy itself, it is our goal to see that you can be rid of unfair creditor harassment. With over 33 years of legal experience, our team is more than prepared to handle any and all debt cases. Offering a free initial consultation, please do not hesitate to get in touch our office as soon as possible!