How can bankruptcy be used to stop creditor harassment?

person talking on their cell phone

Having a lot of debt can cause a significant amount of stress. It probably doesn’t help that on top of your debt, you receive repetitive phone calls from debt collectors trying to collect payments from you. Legally, debt collectors can communicate with you. However, they must adhere to certain rules and regulations to protect consumer rights. Unfortunately, some debt collectors abuse their power and disregard your rights. When this occurs, it is known as creditor harassment. Creditor harassment is illegal. You should understand your rights when a creditor communicates with you to ensure your rights are not violated regardless of whether you owe them money. Continue to follow along to learn how bankruptcy can stop creditor harassment. In addition, contact a seasoned Orange County Consumer Bankruptcy Lawyer who can help you protect your rights. 

What is considered creditor harassment?

Unfortunately, debt collectors can harass you in many ways. However, they are legally required to follow certain rules when communicating with you. The Fair Debt Collection Practices Act (FDCPA) stipulates that creditor harassment is illegal. The FDCPA enforces rules to ensure creditors adhere to certain regulations to protect consumer rights and prevent creditors from abusing their authority. The following include some forms of creditor harassment:

  • Repeated phone calls over short periods.
  • The use of profane and offensive language.
  • Misrepresenting themselves or refusing to identify themselves.
  • Threats of violence or harm.
  • Publishing lists of people who refuse to pay their debts.
  • Calling your place of employment when you’ve told them you cannot answer calls at work.
  • They cannot share your phone number with others.

Although federal law does not limit the number of calls a debt collector can place on a consumer, if they continuously make phone calls to annoy, abuse, or harass you, they violate FDCPA regulations. It is imperative to note that debt collectors can only contact you after 8 a.m. and before 9 p.m. If they try to contact you outside of these appropriate hours, they violate the law. However, this is only if you have not otherwise agreed to receive calls at other times.

Will creditor harassment stop if I file for bankruptcy?

For many people, filing for bankruptcy can help them solve their creditor harassment issue. When a person files for bankruptcy, creditors cannot attempt to collect any debt until after it has been discharged in bankruptcy. Essentially, as a consumer, you will no longer be liable for certain debts when you file for bankruptcy.

If a creditor continues to contact you to collect debts after you file for bankruptcy, they violate federal bankruptcy law. It is in your best interest to retain the legal services of a skilled Orange County consumer bankruptcy lawyer. Allow our firm to represent your interests today.

Read Our Recent Blog
View More