Being Harassed By Creditors?
Contact Our North Mississippi Bankruptcy Attorneys to Stop Creditor Harassment
Are you suffering creditor harassment? Talk with one of our attorneys today and discover how bankruptcy can put a stop to debt collection and harassing creditors. A North Mississippi bankruptcy attorney from our team at The Law Office of Denvil F. Crowe can help you explore your options.
Your Rights Under FDCPA and TCPA
It is nerve-racking to receive phone calls from creditors, wanting money and even going as far as making cruel threats. Many creditors use scare tactics and dishonesty to achieve their goals of collecting money from people who owe debts. Have you been contacted repeatedly from creditors who refuse to quit and make threats? Contact The Law Office of Denvil F. Crowe right away! Our team will help you stop harassing creditors so you can continue your life in peace.
The Telephone Consumer Protection Act (TCPA) and the Fair Debt Collections Practices Act (FDCPA) are Federal laws developed to protect consumers from third party debt collectors’ harassment and abuse. You can legally record creditor calls according to Mississippi state law.
It Is Illegal Under the Fair Debt Collection Practices Act (FDCPA) for Creditors to:
- Use threatening, obscene, or profane language
- Contact you late at night or early in the morning
- Contact you at your place of employment after you requested them to stop
- Inform you that you owe less or more than your actual balance
- Try to solicit a debt that is not outstanding
- Communicate with unauthorized third parties regarding your financial information
- Threaten to take legal action against your for uncollectible debt
- Add illegal charges or threaten to collect more than your actual balance
Illegal Debt Collection Practices
Creditors regularly engaged in illegal debt collection methods that result in creditor harassment. They can be legally liable when they use these illegal methods of debt collection. Although you may not suffer monetary damages, you have lost valuable time and effort from dealing with illegal creditor harassment. You should contact a debtor defense attorney immediately if you have experienced any of the following actions of a creditor.
Communicates With You in an Abusive or Harassing Manner
Debt collectors must adhere to federal and state laws and treat you with respect. They may not engage in creditor harassment. Debt collectors may be legally liable for their actions if they communicate with you in an oppressive, abusive, or harassing way.
Examples of creditor harassment may include repeated telephone calls or calls to you without stating they are a debt collector. Harassment may consist of revealing you as a debtor to third parties or listing your debt to the public for sale. Other abusive actions include threatening to harm you or another or using profane or obscene language.
Communications with Third Parties About Your Debt
A debt collector cannot communicate with unauthorized third parties regarding your outstanding debt. Your attorney, the original creditor, and credit reporting agencies are exceptions to this rule. If a debt collection agency attempts to contact any other unauthorized third party such as your family or friends, you should contact a bankruptcy attorney.
A debt collection agency may contact a third party; however, it must only be for the purpose of obtaining information about your location. In the contact, they must only state that they are attempting to locate you and their name. They may not disclose the debt collector, their employer, or that you have an outstanding debt. They cannot reach out to a third party more than on one occasion. To prevent creditors from harassing you and third parties, it is beneficial to work with a debtor defense attorney.
Communications with You Using False or Misleading Representation
When debt collectors send you correspondence or call you, they must be very clear about their purpose. If they are not an attorney, they may not present themselves as an attorney. The also cannot represent themselves as the police or any other government authority. They may be liable legally for their conduct if they misrepresent themselves in any way.
Debt collectors must be honest about the amount the collection company will receive and how much you owe. If you ask questions when a creditor calls you, they must be honest. Creditors cannot threaten legal action against you that cannot be legally taken, such as a wage garnishment or repossession.
Using Unfair Practices Collecting Your Debt
Debt collectors may also use unfair practices collecting your debt. They must abide by the terms of your agreements and be honest. If you give them a postdated check, for example, they must wait until the date of the check to deposit it. Creditors are not allowed to charge you, late charges, interest fees, or other costs that are not in your original contract or agreement. Debt collectors also cannot charge you call fees or communications fees.
Communications Must Be Discreet
When debt collectors send you mail or call you, they must be discreet in their communications. They cannot identify their company or tell third parties that you are a debtor. Additionally, they cannot indicate on the outside of an envelope with symbols or words that they are trying to collect a debt when sending you mail. If you are experiencing creditor harassment, you should contact a bankruptcy attorney.
Steps to Take if You’re Dealing with Creditor Harassment
If a debt collector is harassing you, it is likely you feel scared and overwhelmed. A creditor may threaten to file a lawsuit against you, garnish your wages, or take your property. If a debt collector is making these threats toward you regarding your debts, take the following steps to stop the harassment.
Keep a Record of How Often Creditors are Calling You
First, you should keep good notes about your situation. Write down how often and when debt collectors call you. Write a description of what they say and any threats they may make. If you ask them to stop sending letter or stop calling, make a note of that as well.
Have a Bankruptcy Attorney Advocate for You
Second, you should contact a bankruptcy attorney to help you deal with your debts and stop creditor harassment. A bankruptcy attorney can inform you creditors that they should cease contact with you. Alternatively, creditor should contact your attorney directly regarding your debts. Your bankruptcy attorney can also help you enforce your rights against debt collectors.
Call today for a FREE Debt Consultation. Call 662-296-HELP (4357).
