Creditor harassment is a frequent reason people seek bankruptcy assistance. At-home phone calls, workplace visits, menacing letters, litigation, garnishments, and bank seizures might make your life more difficult than it needs to be. When the creditor harassment is too much, you can use the form below to get a free letter to send to the creditor.
Stop creditor Harassment
Fill out the form below and get a free letter emailed and explainer video emailed to you that you can mail to the creditor. Once they receive the letter, THEY MUST STOP contacting you.
Stop Debt Collection Harassment
The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects borrowers from debt collection abuse. The third-party collectors are not permitted to contact you directly after you hire an attorney to manage your debt, including a bankruptcy attorney, under part of this legislation.
Write a Letter Requesting To Cease Communications
The first thing to do is to write the debt collector a letter telling them to stop calling you. You can fill out this form and get a free letter.
Keep in mind that the debt will not just go away because of a letter. You must:
- Make payments on the debt
- Plan to dispute the debt
- File bankruptcy and get a debt discharge or repayment plan
- Deal with the debt collectors as they come
Remember: The longer you wait, the worse the debt situation may become for you. The debt collections must stop contacting you, but they can file a debt lawsuit against you or keep reporting your debt to credit agencies.
What is Considered Harassment by a Creditor?
Harassment by a debt collector may take many forms, including but not limited to: repeated phone calls intended to irritate or intimidate you, indecent language, and threats of violence.
That seems plain enough, but the law gives more than 50 examples of what that means, including:
- Use of threat, violence, or other criminal means to harm a person, reputation, or property
- Use of obscene or profane language
- The false representation that the debt collector represents a state or federal government
- Misleading information on the amount or legal status of a debt
- The false implication that the debt collector is an attorney or law enforcement
- The implication that nonpayment of a debt will result in arrest or imprisonment
- Causing a telephone to ring repeatedly with intent to annoy, abuse, or harass
- Calls outside normal hours, usually before 8 a.m. or after 9 p.m.
- Continue Collection Attempts After Receiving a Cease Communication Notice
Document all Harassment
Keep a written record of any illegal activity. As soon as any unlawful behavior happens, make notes of the date, time, and what happened.
Some people even record their conversations with the debt collector without telling the debt collector. This is allowed in Arkansas, we are a single consent state.
Debt Collectors Calling at Work?
Debt collectors can call you at work, but there are limits on the information they can get and a simple way for consumers to stop the calls.
If your employer does not allow you to receive personal calls at work, tell the debt collector that and he must stop calling you there.
When debt collectors call your employer, there are the rules they must follow:
- They can’t claim to be debt collectors or imply you owe a debt. If they do, it’s a violation of your rights, and you might want to contact an attorney about filing a complaint.
- They may request your contact information, such as your phone number and address, as well as employment verification. They can’t discuss the debt with your coworkers or employers.
- If the debt collector has a judgment against you that includes permission to garnish your wages, he may contact your employer. The employer can’t fire you for one wage garnishment but could fire you for multiple garnishments.
- If they continue to harass you at work, document the time and date of each phone call, as well as any messages or voicemails, and contact an attorney to discuss your rights if a debt collector harasses you at work.
It’s possible that the debt collector called your workplace by mistake since he or she was given the incorrect phone number. If this happens, let him know you aren’t allowed to take calls at work and must send him a certified letter to emphasize the point that he should cease calling.
Will Bankruptcy Really Stop Creditor Harassment?
Creditors will no longer hound you after bankruptcy is filed. The moment your case is filed, you receive an automatic stay. You do not have to appear in court to request it. Creditors are obliged to comply with the order. The extension of the automatic stay prevents phone calls, letters, and a sense of constant harassment. Bankruptcy puts you back in control.
Creditor harassment could continue even after you hire a bankruptcy attorney. The likely reason for this is that the creditor has not received any information that changes your status. Letting the creditor know that you have hired an attorney is generally good enough to stop the harassment. Tell the creditor, “I’m filing bankruptcy, call my attorney!” and give the caller your bankruptcy attorney’s name and telephone number. (Our number is 501.426.5575) Original creditors usually stop telephone contact after this for fear of violating the bankruptcy automatic stay. Third-party collectors know that by law they can no longer call you.
Once your bankruptcy petition is filed, the clerk of the bankruptcy court will send notices to all of your creditors informing them of the bankruptcy automatic stay. Contact your attorney immediately if you are contacted by a creditor after your bankruptcy case is filed.
Hiring a bankruptcy attorney can provide temporary relief from creditor harassment. Filing bankruptcy and obtaining a discharge of your debts guarantees that you are no longer legally liable for the discharged debts. Any further contact from a discharged creditor violates the federal court order and subjects the creditor to sanctions for contempt of court. If you need this powerful legal protection from creditor harassment, contact an experienced bankruptcy attorney today! If you need help you can text or call.
wh Law, is a debt relief agency. We help people file for bankruptcy protection under the U.S. Bankruptcy Code.