Creditor Harassment

Stop Annoying Phone Calls

Creditor harassment is the use of abusive, deceptive, and unfair debt collection practices by a debt collector. Abusive debt collection practices contribute to the number of personal bankruptcies filed each year.

The Fair Debt Collection Practices Act

A Federal Statute known as the Fair Debt Collection Practices Act gives you specific legal rights to sue debt collectors who:

  • Use or threatens to use acts of violence or other criminal means;
  • Uses obscene or profane language;
  • Repeated phone calls with the intent to annoy, abuse or harass;
  • Make false representations about the debt or their intentions,
  • Or otherwise act in ways proscribed by the act.

False statements may include threats to:

  • Contact your employer about your debt
  • Call you "everyday until the debt is paid”
  • Threaten imprisonment or punishment
  • Contact your neighbors
  • Contact the Immigration and Naturalization Service about your alien status
  • Any threat where the collector says he is legal counsel or an attorney/lawyer when he/she is not

What Debt Collectors Must Do When They Call or Send Correspondence

Each time a Debt Collector contacts someone, they must abide by certain rules. If they don’t abide by these rules, they are violating the Fair Debt Collection Practices Act. Read this recent article: F.T.C. Fines a Collector of Debt $2.5 Million. The following are examples of what they must do on each and every call:

  • They must state their name, state that they are a Debt Collector and they must state the name of the company they represent.
  • They must inform the caller, "Information obtained during the course of this call will be used for the purpose of collecting the debt”.
  • Letters received in the mail from Collectors must also contain similar warnings such as:

"This is an attempt to collect a debt. Any information obtained will be used for that purpose. Unless within 30 days of your receipt of this notice, you notify us that you dispute the validity of this debt, it will be assumed to be correct. If you notify this office within thirty days that you dispute the validity of the debt, we will obtain verification of the debt or a copy of the judgment. If you request it within 30 days, we will provide you with the name and address of the original Creditor (if different from the current Creditor)”.

If the letter received does not have a warning similar to the one above, the Debt Collector is violating the Fair Debt Collection Practices Act.

It is impossible to list all prohibited types of threats or everything a Debt Collector is responsible for. If it seems wrong, it is worth speaking to a lawyer who is familiar with the subject.

If you have any questions, do not hesitate to call us at 877-JODATLAW (877-563-2852) for an appointment to discuss your case with an experienced creditor harassment or or bankruptcy attorney.

NOTE: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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