How to Put a Stop to Creditor Calls
Posted on Aug 29, 2014 11:36am PDT
Are you tired of screening phone calls from your creditors? If so, it may
be time to explore your legal options. Depending on the amount of debt
that you owe, it may be in your best interest to file for
Chapter 7 or
Chapter 13 bankruptcy. Although these debt relief processes are actually very different,
both would offer the protection of an automatic stay. In fact, as soon
as your bankruptcy petition has been filed with the court, an automatic
stay would be ordered on your behalf. This prohibits creditors from continuing
their debt collection efforts until the bankruptcy process has been completed.
Should they fail to abide by the conditions of the automatic stay, they
could face legal action. It is also important to understand that creditors
and debt collection agencies are required to uphold a strict set of standards
when communicating with debtors who have not filed for bankruptcy. Under
the Fair Debt Collection Practices Act (FDCPA), any consumers who have
been unfairly harassed by debt collectors would have the right to file
a private lawsuit for damages. This act was established as a system of
checks and balances, since every consumer deserves protection from abusive
or illegal practices.
Under the FDCPA, debt collectors are prohibited from engaging in certain
actions, including:
- Contacting consumers outside the hours of 8AM and 9PM
- Contacting consumers with the intention of annoying or harassing them
- Misrepresenting either themselves or the amount of debt owed
- Threatening the consumer with legal action that is not permitted
- Using any abusive or profane language when speaking to consumers
There are a number of other actions that fall under the category of "prohibited
conduct," so it is extremely important that you fully understand
your rights as a consumer. If you think that a debt collection agency
or creditor has overstepped their boundaries, this is something that should
be discussed with a Cobb County bankruptcy attorney from The Purcell Law
Firm, P.C. immediately. Similarly, you should not hesitate to explore
your options with our firm if you are simply tired of struggling with
debt. We are here to address your concerns and guide you down a path that
is right for you.
Contact our firm today at (678) 853-6497 to schedule your
free consultation.