Creditor Harassment in Charlotte
Zealously Protecting Your Rights
The debt collection industry has a reputation for using harassing tactics and abusive behavior in attempting to force consumers to pay their past-due accounts. Many collection agencies believe that they can intimidate or frighten you into paying them. At Schwilm Law Firm, PLLC, we are fully equipped to help you end creditor harassment and protect your rights. Filing a Chapter 7 or Chapter 13 bankruptcy stops all collection activity against you and gives you the peace of mind you need to begin taking steps to obtain a fresh financial start.
What are the specific laws related to creditor harassment?
Several laws govern debt collection, but a federal law called the Fair Debt Collection Practices Act (FDCPA) is focused on protecting consumers from predatory and abusive collection tactics. The purpose of this statute is to eliminate harassing practices in the collection of consumer debts to promote fair debt collection and to provide consumers with a means for disputing debt information or to ensure the accuracy of the information. It is sometimes used in conjunction with the Fair Credit Reporting Act (FCRA), which regulates the collection, dissemination and use of consumer information, including consumer credit information. Our Charlotte bankruptcy attorney can explain these laws and how they can be used to protect you against debt collectors.
What types of tactics are collectors barred from using?
Under the FDCPA, creditors and collectors are prohibited from using harassing or abusive behavior. Examples of such tactics include:
- Calling you at odd hours (before 8:00 a.m. or after 9:00 p.m.) or repeatedly with the intent to annoy, harass or abuse
- Calling your place of employment, even after you have informed them that they may not do so
- Using any type of misrepresentation
- Threatening you with legal action if no such action is intended
- Threatening you with arrest
- Communicating with you even after a request has been received to cease communication (except when providing notice of a lawsuit or garnishment)
If your creditors are taking these types of actions, you should consult with our experienced debt relief attorney to discuss your legal options.
Steps for Stopping Creditor Calls, Letters and Lawsuits
To stop telephone calls from debt collectors, you may need to consider filing a Chapter 7 or Chapter 13 case. When you file for bankruptcy, an “automatic stay” immediately becomes effective. The automatic stay prohibits any further collection activity against you by the creditor. Examples of actions that the automatic stay stops include:
- Telephone calls
- Letters or emails
If a creditor continues to pursue collection efforts against you after receiving notice of your bankruptcy, you may be able to seek damages against that creditor. Our skilled attorney at Schwilm Law Firm, PLLC can assist you with stopping debt collection efforts against you and creating a strategy for credit repair options.
Call Schwilm Law Firm, PLLC today!
If you want to stop creditor harassment, contact Schwilm Law Firm, PLLC at 704.567.5252 or online to schedule an appointment with our knowledgeable bankruptcy attorney. Serving the Charlotte metropolitan area, our office has convenient parking available.