Creditor Harassment Attorney
What is creditor harassment? This is when creditors or debt collectors keep calling or writing to you about the money you owe – even after you have told them to stop.
Continued creditor harassment or creditor lawsuits can cause serious emotional distress or even force you into bankruptcy! This creditor harassment is made illegal by the federal Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, and deceptive practices against consumers.
If you have been receiving harassing phone calls from creditors, you have legal rights. Debt collectors must follow a certain set of rules, and the Howze Law Firm LLC is the right place to look for help and protection. Contact our Rock Hill debt collector harassment attorney today!
Can I Sue A Debt Collector For Creditor Harassment?
Fair Debt Collection Practices Act, or FDCPA, prevents third-party debt collectors from harassing you when collecting a debt. The debt must be primarily for personal, family, or household purposes.
Things You Should Know About Debt Collection
Debt Collection Laws
Debt collection laws are designed to protect you against any unlawful actions taken against you by debt collectors. Harassing phone calls from creditors is among the most common, along with a list of improper ways just to get you to pay what you owe.
Distinguishing Your Creditor From A Debt Collector
To put it simply, a creditor is a business or person you owe money to. Debt collectors can either be hired by your creditor to collect a debt or by somebody who has purchased your debt from your creditor and is now trying to collect on it. In addition, your creditor can also collect the debt you owe to them directly, whereas a third-party collector, like a collection agency, collects debts owed to others regularly.
So, what are the prohibited acts that a debt collector should avoid? We can cite several examples of creditor harassments examples that can be applied whether it’s communicated over the phone, via e-mail, or postal mail, such as:
- Using foul language.
- Attempting to reach you outside the usual hours;
- Contacting you way too many times within 24 hours;
- Persisting to collect money from you despite receiving a letter telling them to stop or that you are already represented by your attorney;
- Persisting to contact you at work despite sending a letter to refrain them from calling you there;
- Threats of criminal prosecution against you or violence;
- Communicating about your debt with people other than you, your attorney or credit reporting agencies;
- Make false statements pertaining to debt amounts;
- Sending postcards about your debt (without an envelope);
- Failure to identify or represent themselves as debt collectors or being a part of a credit agency
- Falsifying character or the debt’s legal status;
- Threatening or initiating a lawsuit over a debt that is already considered “time-barred” (a certain number of years have passed and can longer be collected);
For written communications with debt collectors, they should be sent through Certified Mail with a Return Receipt. Should they continue communications, you should document every call received and take note of whom you spoke to. Accurate records play an important role in any successful lawsuit.
Who Is Protected By The FDCPA?
The Fair Debt Collection Practices Act, or FDCPA covers all of us and protects us against abusive actions taken by debt collectors. It also allows you to sue debt collectors for any actual and statutory damages should they violate the law as well as force them to pay your attorney’s fees. In South Carolina, we also have our own version of this law in the Consumer Protection Code, which also forbids similar acts but can only be applied within our state.
What Can You Recover Under The FDCPA?
If you have been a victim of creditor harassment, the Fair Debt Collection Practices Act allows you to sue a collector in court. However, in South Carolina, it is required that you notify the Department of Consumer Affairs first before filing a lawsuit. Winning a creditor harassment case can mean more than just making the debt collectors stop contacting you. You may also be able to recover the money and property that has been taken away from you in an unfair manner, as well as reimbursement for court costs and attorney’s fees. In addition, the court may order your debt collector to pay you for damages in certain circumstances. However, it is important to get a lawyer to help you achieve this. One misstep may mean losing the creditor harassment case, and instead of you recovering all the legal costs involved, you may end up paying for the debt collector’s attorney’s fees and court costs instead.
Let The Howze Law Firm LLC Be Your Legal Shield
When facing creditor harassment, you don’t need to be alone. You have legal remedies open to you. Bringing a lawsuit against an abusive debt collector in court and proving the set of violations involved requires the skills of an experienced creditor harassment attorney at The Howze Law Firm LLC. We work tirelessly to get you what you deserve and constantly innovate because we believe that no two individual cases are the same. Call us today with no obligations.