When you are in debt, it can be incredibly overwhelming to try and manage payments. However, this can all become too much to handle when you start being harassed by creditors or debt collectors regarding the funds you owe. As such, understanding what you can do to stop creditor harassment is critical. The following blog explores how bankruptcy can stop creditors from contacting you regarding the debt you owe and how a Memphis, TN creditor harassment lawyer can help you navigate these complex matters to protect your rights as a consumer.
What Constitutes Harassment from Debt Collectors?
As a consumer, you have rights under the law. The Fair Debt Collections Practices Act (FDCPA) dictates how debt collectors can communicate with you to ensure your rights are protected. However, it’s important to note that the FDCPA only protects against third-party debt collectors. This means if the original creditor is contacting you, they are not covered under these laws. Many companies do sell their debts to collection agencies or hire collectors to work on their behalf, however.
As such, the following behaviors are prohibited under the FDCPA as they constitute creditor and collector harassment:
- Calling repeatedly in a short period of time
- Threatening violence or legal action if they have no intention to file a lawsuit
- Failing to provide a debt validation letter
- Accusing you of committing a crime
- Contacting you at work after being told you cannot take personal calls on the job
- Speaking to anyone other than you or your attorney about the debt
- Publishing your name as a debtor
Why Does Bankruptcy Stop Creditors?
When you file for bankruptcy, you are granted an automatic stay. Essentially, this means an injunction takes effect, so creditors and debt collectors cannot contact you to pursue funds. Additionally, they must stop efforts against your property. As such, wage garnishment, foreclosures, collection lawsuits, repossessions, and phone calls must stop from the moment you file bankruptcy. The stay will last until your bankruptcy case has closed.
How Can an Attorney Help Me?
After filing, you may feel a reprieve from the constant communication from editors. However, if a collector files a motion with the court to modify the stay allowing them to continue contacting you or trying to garnish your wages, for example, you may be unsure how to proceed. That’s why connecting with an experienced attorney is in your best interest, as they can help fight against any unfair motions.
At the Arnold Law Firm, we understand how overwhelming it can be to find yourself in debt. That’s why our team is here to help you deal with unfair creditors and walk you through the bankruptcy process to help you get the relief you need from these matters. Contact us today to learn how we can guide you through these challenging times.
