If debts become overwhelming and you start missing payments, creditors will soon come knocking. However, federal and state laws strictly regulate the way they can contact you. If you feel you are being harassed, or your creditors are engaging in unlawful behavior, you can take steps to protect yourself and uphold your rights.
By law, creditors cannot:
- Call you at work
- Threaten to arrest you
- Call you without identifying themselves
- Publish your name
- Contact your neighbors or employers about your debt
- Call you repeatedly at unreasonable times
These regulations are set forth in the Fair Debt Collection Practices Act (FDCPA). If creditors continue to harass you, they are breaking the law, and you can take action to legally defend yourself. What should you do if creditors are contacting or harassing you?
Tell Them to Stop
One way you can try to relieve the pressure from creditors is by telling them to stop. Write a letter to the collection agency outlining the creditor’s actions and requesting them to stop contacting you. Once you write to them and tell them to stop, the FDCPA requires that they obey your wishes.
Document Their Illegal Actions
If creditors are contacting others about you or harassing you, you should try to gather as much evidence as possible. Keep recordings of their phone calls, as well as written documentation of their attempts to contact you. Having evidence of their harassing behavior is important if you pursue damages in a lawsuit.
File a Complaint
If creditors are harassing you, it is important to file a complaint with the Federal Trade Commission. You can also send a formal complaint to your state’s creditor harassment agency. In the complaint, provide the collection agency’s name and contact information, the name of the individual creditor who is harassing you, the names of witnesses, the times and dates of harassment incidents, and copies of documents showing proof of harassment. You should also send a copy of your complaint directly to the collection agency.
Call a Southern California Bankruptcy Attorney Today at (800) 996-9932
Wadhwani & Shanfeld provides tenacious representation for clients who have been harassed by creditors. We can discuss your options, help you draft a complaint, and represent you in court if you file a civil lawsuit against the creditor. With more than 65 years of experience, our firm can provide the legal advice and aggressive representation you need as you seek a favorable solution.
Contact us todayto schedule a free consultation.