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.
Creditors and Misleading Practices
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.
How to Protect Your Rights
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.
When You Need a Bankruptcy Attorney
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 Southern California bankruptcy attorney can help you get back on track.
Contact Wadhwani & Shanfeld at (800) 996-9932 today for a free consultation. We’ll answer all your questions and help you achieve financial freedom.