How to Put a Stop to Creditor Calls

phone call

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.