Our Bankruptcy Blog

How To Stop Harassing Phone Calls from Creditors

When you face the unfortunate situation of falling behind on your credit card, mortgage, auto loan or other bills, you may also find you’ve become the victim of debt collection harassment. The goal of this type of harassment is to annoy, intimidate or bully a consumer into paying off debt.

Debt collection harassment can come in different forms—email, direct mail or texts—but it is most often done by constant, repetitive phone calls. Likewise, these phone calls are often designed to annoy and belittle not only the person who holds the debt, but also whoever happens to answer the phone.

At worst they may contain profane language and threats. They might even contact your friends and neighbors about your debt, seeking to humiliate you.

How To Stop Debt Collector Phone Calls

Fortunately, you have rights. While debt collection agencies are legally permitted to collect the debt that is owed to a creditor, they are not legally permitted to use abusive tactics to collect this debt from you. There is a way to stop harassing phone calls from debt collectors.

The Federal Trade Commission, the nation’s consumer protection agency, enforces something called the Fair Debt Collection Practices Act. This act prohibits debt collectors from using abusive, unreasonable and/or deceptive practices to collect a debt.

According to the Federal Trade Commission, which is responsible for regulating the debt collection industry, there is no other industry that receives more complaints than the debt collection industry. What can you do to stop these phone calls if you feel you’re the victim of debt collector harassment?

Tips from the Consumer Financial Protection Bureau

  • Review your rights by reading over the Fair Debt Collection Practices Act.
  • Keep records which will assist you if you should decide to take legal action:
    • Keep a file of any letters and communication sent to you by the debt collection agency.
    • Write down times and dates of any phone conversations and keep notes on the discussion.
  • You may file a complaint with the Consumer Financial Protection Bureau.
  • You can write a letter to the debt collection agency (not to the original lender). You can find sample letters for this type of correspondence on the Consumer Financial Protection Bureau’s website. http://www.consumerfinance.gov/askcfpb/1695/ive-been-contacted-debt-collector-how-do-i-reply.html
  • You may contact your state’s attorney general.
  • You can sue the debt collector for violations of the Fair Debt Collection Practices Act.

Will Filing For Bankruptcy Stop The Phone Calls?

Filing for Chapter 7 or Chapter 13 bankruptcy may also be something you’re considering, which would put an end to debt collectors harassing you.

If your monthly expenses exceed your monthly income, your income is less than the median income of your state, or you don’t have many assets, you may qualify for Chapter 7.

If your monthly income exceeds your monthly expenses, you may qualify for Chapter 13, in which you plan to repay your debts within 60 months.

Filing for bankruptcy temporarily stops a creditor from being able to take any actions against you, your property or your assets.

Seek Out an Experienced Bankruptcy Attorney

The decision to file for bankruptcy is a difficult and lengthy one that should not be done without the legal guidance of a bankruptcy attorney that you trust. At Parker & DuFresne, we provide relief, restoration, and renewal through a compassionate approach.

Our goal is to get clients across Northeast Florida back on the road to financial stability. We specialize in bankruptcy law. Through a thorough consultation, our attorneys will help you determine if bankruptcy is the right solution for you. Contact us today to learn more!

 

Schedule Your Bankruptcy Consultation with Parker & DuFresne

 

If you have any other questions about the process of filing for bankruptcy, be sure to contact an attorney.

Contact us today to learn more!

If you’re thinking about filing for bankruptcy in Florida, it’s important to meet with a bankruptcy attorney. You can better understand your specific situation and the types of relief that might be available to you.

Call us today for a free consultation and we’ll get you on your path toward financial freedom.

Where Can I Find Help?

Dealing with bankruptcy doesn’t have to be a single-person job. The bankruptcy lawyers at Parker & DuFresne will help you determine the best course of action to help you get out from under your debt and move forward to a debt-free future.

Call today at 904-733-7766 for a free consultation, or click the button at the top of the page to schedule online.

Parker and DuFresne

Parker and DuFresne
N/a