It’s a horrible feeling when you’ve got
creditors calling you at all hours of the night trying to pressure you into
paying off debt.
However, you are protected against this
behavior, and there are ways to make it stop.
What Counts
as Harassment?
Consumers are protected against unfair debt
collection practices by the Fair Debt Collection Practices Act (FDCPA), so if you feel like you’re being hassled at all times of the
day and night, there are ways to make it stop.
The goal of debt collections harassment is
to intimidate or coerce you into paying off debt. This often happens by phone,
but can also occur over email, social media, and other sources. Debt collectors
have a right to chase their money, but they’re not allowed to use the following behaviors to do so:
- Using threats of violence and criminal means to harm a person, their loved ones, or their property.
- Making consistent calls throughout the day with the intent to annoy and harass.
- Ringing at unusually early times in the morning and late in the evening.
- Using profane language.
- Falsely leading people to believe they are representatives of government institutions.
- Misleading people about the size and legal status of a debt.
- Leading people to
believe that non-payment will lead to an arrest or imprisonment.
If a debt collector is using any of these
techniques against you, they are violating your rights, and you can make it
stop.
Find the
Right Lawyer
You can fight debt collector harassment or lawsuits, but it’s best to do so with an experienced lawyer on your side.
Laws such as the FDCPA are there to protect
your rights but to do this, you need to find a lawyer who has experience with
stopping creditor harassment. There are certain steps you can take yourself,
but when you have a lawyer working with you, you have that peace of mind that
your best interests are being taken care of.
You don’t have to put up with creditor
harassment, and the right lawyer will make sure you are protected.
Hang Up
If a debt collector is breaking the
regulations above, you are well within your rights to hang up. Tell the person
why you are hanging up. For example: “You’re using threats of violence, and I
don’t wish to receive these calls anymore”. Simply put the phone down.
You don’t have to sit and listen if you
don’t want to, so hang up.
Cease
Communications Letter
A cease communications letter can stop a
creditor from contacting you. This will not get rid of the debt, but it will
mean the creditor is allowed just one more communication with you to explain
the next steps.
Your lawyer will be able to advise you on
this matter, or you can find a template online that can help you out.
If the harassment continues after the
letter has been sent, you will be able to file a lawsuit against the creditor.
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