How Do I Stop Debt Collector Harassment?
It is legal for debt collectors to attempt collection and verification of debt persistently. However, harassment from debt collectors is illegal, according to the Federal Trade Commission (FTC). You are protected under the Fair Debt Collection Practices Act (FDCPA) and should contact a Brighton Beach Bankruptcy Law Firm such as Ursulova Law Offices.
It is allowed to make repeated attempts at debt collection or debt verification. The Federal Trade Commission, on the other hand, considers debt collection harassment to be illegal and will not accept it (FTC). The Fair Debt Collection Practices Act (FDCPA) safeguards you.
Here are some legal steps you can take to put an end to the harassment
Request a Communication Cease-and-Desist
The first step is to write a letter to the debt collector requesting that they cease phoning you. You can use the language from the sample letter here.
They must comply with your written request for no contact under the FDCPA. If they don’t, you have the option of filing a complaint with the FTC.
In the meantime:
- Make your debt payments.
- Make a plan to contest the debt.
- Obtain a debt discharge or payback arrangement by declaring bankruptcy.
Delaying payments exacerbates the debt problem.
Keep a Record of all Harassment
Make sure to document any violation of the FDCPA as soon as possible.
Keep a log of any debt collector harassment, even when a second party is present, and documenting the debt collector’s interactions. Check your state’s recording without persuasion laws.
File a Federal Trade Commission (FTC) Complaint
If the debt collector persists in harassing you, submit a complaint with the FTC by reporting the company online and contact a Brighton Beach Bankruptcy Attorney.
Include the following information in your complaint:
- Name and address of the collection agency
- The original creditor’s name
- All communications’ dates and times
- Any witnesses’ names
- Copies of all communication
Complain to the State Agency
It’s a good idea to file a complaint with your state’s creditor harassment agency and send copies to the collection agency and the original creditor as well.
In rare situations, debt collectors may offer Brighton Beach Bankruptcy Lawyers to cancel the debt if they retract the complaint out of concern for their guilt.
Contemplate Suing the Debt Collection Agency
Another option is to file a lawsuit against the debt collector. Only utilize this option if you are being harassed by a debt collector, not just because the debt collector is bothersome. The court may order you to pay the debt collector’s court expenses and attorney’s fees if you lose your case.
The FDCPA Act means you don’t have to show that you suffered any actual losses. You have one year to claim damages in state or federal court after the debt collector broke the law.
If the debt collector can show that the violation was unintended and was caused by a “bona fide error,” notwithstanding the company’s procedures to avoid such mistakes, they may be exempt from liability.
Taking Care of Creditors Informally
The final options other than filing for bankruptcy are:
- Reimbursement Plans
- Counseling on credit
- loan renegotiation
- Other non-bankruptcy alternatives
- Charge disputes
Contact a Brighton Beach Bankruptcy Lawyer for Debt Collection Harassment Help
While collection agencies frequently use harassment to “push” you to pay your bills, they are also obliged by laws and regulations with which bankruptcy attorneys in Brighton Beach are familiar.
If you’re unsure whether there are restrictions on specific actions or if debt collectors are currently harassing you, you should consult Brighton Beach Bankruptcy Attorneys. Lawyers know the intricacies of these cases and will fight for your rights. Harassment can affect you financially, emotionally, and mentally, and your attorneys will make every effort to put an end to the situation.