Harassment from Debt Collectors
Anyone who has dealt with harassment from debt collectors knows it can be a stressful and unpleasant experience. Luckily, there are laws in place that protect consumers from harassment from debt collectors.
If you have been harassed by a debt collector and are ready to take legal action, please fill out this form for a free consultation with a lawyer near you.
What Is Considered Harassment from Debt Collectors?
The Fair Debt Collection Practices Act outlines certain behaviors that debt collectors must observe when collecting debts and certain behaviors that are illegal. Illegal behaviors include:
- Calling before 8:00 am or 9:00 pm local time;
- Contacting a debtor at work after being asked not to;
- Contacting a debtor after a written request to stop;
- Failing to follow up a phone call with written information about a debt;
- Harassing a debtor or a debtor's family and friends;
- Speaking about a debt with anyone besides the debtor and her lawyer;
- Physically or verbally threatening a debtor;
- Swearing at a debtor;
- Calling a debtor repeatedly, with the intent to harass;
- Lying about the collector's position, the amount of the debt, or the possible consequences of nonpayment; and
- Ignoring a written challenge or denial of the debt.
A debt collector who takes any of the above actions has broken the law and may be subject to consequences.
How Can I Stop Harassment from Debt Collectors?
Those who need relief from debt collectors have a number of options available. These include:
- Writing to the debt collector. A letter requesting that the debt collector cease contact (whether or not a person is legally responsible for the debt) is the required legal action a debtor must take. The collector will likely contact a person once more to indicate what action he will take next.
- Filing for bankruptcy. When a bankruptcy case is filed, a protection called the automatic stay takes effect and prevents collection actions of any kind, from making phone calls and sending letters to repossession and foreclosure.
- Working with a lawyer. Those who have tried unsuccessfully to get debt collectors to stop contacting them may need the legal guidance of an attorney.
For more information how filing bankruptcy can halt aggressive debt collectors, speak with an attorney in your area today. Simply fill out the quick case review form below to connect with a local lawyer for a free, no-obligation consultation today.