When you are in debt, you may find yourself extremely overwhelmed with the bills piling up. However, factoring in the constant calls from creditors can add to the stress you’re experiencing. Even worse, some creditors may begin abusing the ability to contact you. This is known as creditor harassment and is prohibited by the Fair Debt Collection Practices Act (FDCPA). Also, you may discover that filing for bankruptcy can not only help you overcome your debt, but it will cease the harassment you endure. Keep reading to learn more about this process and discover how a Memphis, TN creditor harassment defense lawyer can help you through this situation.
What Is Creditor Harassment?
When you are contacted by a debt collector, they must follow certain rules and regulations in order to communicate with you. These rules are set in place to protect consumers, as even those with debt are entitled to certain protections. The following are examples of creditor harassment:
- Contacting you outside of the appropriate hours (8 a.m. to 9 p.m.)
- Misrepresenting themselves as a member of law enforcement or legal representation
- Using abusive or vulgar language
- Repeatedly calling you in a short period of time
- Calling you at your place of employment when you’ve asked them to stop
- Talking to anyone other than you or your attorney about your debt
- Publishing your name as a debtor
- Refusing to identify themselves
Unfortunately, many collectors and creditors use these behaviors as a means to get a debtor to pay faster. It is vital to understand that these practices are unlawful, and you should contact an attorney if you are experiencing creditor harassment.
How Can Bankruptcy Help?
If you are filing bankruptcy, your creditors must cease all communications with you. Regardless of the chapter you’ve filed, debt collectors are no longer allowed to contact you in pursuit of payments. Instead, they are only permitted to contact your attorney.
Should the harassment continue after you’ve filed for bankruptcy, you’ll want to contact your attorney as soon as possible. It does not matter if the behavior is permitted under the FDCPA – any form of communication between a creditor and debtor filing bankruptcy is not permitted.
This is also true if you’ve had debts discharged. Because you are no longer legally obligated to pay the discharged debt, collectors cannot continue to harass you. If this is the case, you should contact your attorney as soon as possible.
When you’re in debt, you may not know where to turn. Luckily, the Arnold Law Firm can help you find the best bankruptcy option for your needs while providing relief from constant contact with creditors. Reach out to our office today to learn how we can help you navigate this challenging time.