How a Lawyer Can Protect You from Creditor Harassment
Posted By The Pritchard Law Firm || 06/27/2016
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 of action.
- 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.