Under the Fair Debt Collection Practices Act (FDCPA), consumers are provided
certain protections from creditors who engage in harassment as a collections
tactic. Despite the legal protections put in place, harassment is an unfortunately
common practice and if it is something you are going through, you are
not alone. The Consumer Financial Protection Bureau (CFPB) reported receiving
more than 85,000 complaints relating to debt collection in 2015 alone.
Ending creditor harassment is within your power and below are several
ways an attorney may be able to help.
Benefits of hiring an attorney Include:
Creditors must communicate through your attorney: If your independent measures to end collector harassment have met with
little success, a lawyer can step in to communicate in your place. Once
you have hired an attorney to represent you, it can be a violation of
the FDCPA for creditors to contact you directly. Instead, all communications
must go through your attorney, who can advise you on the optimal course
Filing a Lawsuit: Creditors are prohibited from actions including (but not limited to)
using emotionally or physically threatening language, failing to identify
themselves in correspondence, placing repetitive phone calls with the
intent to harass, or misrepresenting the debt owed. Performing any of
these actions can constitute a violation of the FDCPA and an attorney
can bring your claims to court.
Considering bankruptcy: The decision to file for any chapter of bankruptcy should not be taken
lightly and may not be appropriate for every situation. When there are
deeper issues underlying creditor harassment, it may be time to discuss
this option with an attorney. Bankruptcy will cancel most types of debt
against you however it will stay on your credit report for several years.
It is vital to keep consistent and accurate records of all correspondence
with creditors and their representatives. It is recommended to create
a file containing, but not limited to, letters, emails, documents you
send the creditor, documents sent to you, and phone records. Write down
and record the time and date of all phone calls and also a description
of what was discussed. Accurate records can greatly help you in future
discussions and negotiations with creditors as well as in situations where
your dispute goes to court.
More Than 45 Years of Combined Experience:
At the Pritchard Law Firm, we have an in-depth knowledge of consumer law,
allowing us to make your consumer collections and bankruptcy processes
as stress free and straight forward as possible. It is our goal to help
our clients solve their financial matters in the most cost-effective manner
possible. Let our Fort Worth bankruptcy lawyers help you get back on the
path of financial freedom.
Call us at (817) 285-8017 and request a
no-cost case evaluation to discuss your case with our attorneys today.