What to do about Abusive Creditors
Some creditors often make demands for payment without regard to fair debt collection practices, especially once you are behind on your bills. These creditors are depending on the fact that most consumers do not realize that they have legal rights when it comes to their debt and debt collection. Without this information, you may not realize that a creditor’s attempt at collecting a debt is actually violating the laws and your rights as well. Californians are protected from abusive creditors by the Rosenthal Fair Debt Collection Practices Act, as well as the Federal Fair Debt Collection Act. These laws protect you from the unscrupulous behavior of creditors, and provide legal recourse if you are mistreated by any creditor, including during the process of bankruptcy.
Knowing What Counts as Abuse
You may not realize it, but any or all of the following actions by a creditor may be considered abusive. And if you’ve filed for bankruptcy, any communications requesting payment can be considered abusive as well.
· yelling, using obscene language, or threats
· claiming they will file a lawsuit or garnish wages when they have no intent to do so, or no legal right to do so
· calling before 8AM or after 9PM your local time
· calling repeatedly throughout the day with the intent to harass and/or intimidate
· contacting you on your job, after being informed that your employer does not allow it
· calling at any time that you have made known is inconvenient for you
· sending letters demanding payment which appear to be legal contracts or other official documents when they are not
· contacting you personally, after you have retained an attorney who is handling your debt issues
· continuing to call you after you have formally requested in writing that they cease such contact
· contacting 3rd parties with regards to your debt when they disclose information about that debt
If you are being hounded by abusive creditors, talk to us. We have helped our clients stop abuse by creditors and we can assist you in your case as well. With our team of legal experts specializing in Orange County Bankruptcy Law, we understand the rights of debtors and consumers alike, and can defend you against unfair debt collection practices in court. You may be entitled to recover damages due to the unfair collection practices of your creditors, and in some instances, the amount you recover may be substantially more than what you owe.
Don’t feel helpless when it comes to fair treatment by creditors – seek professional legal advice and get the representation you need at our premier Orange County Bankruptcy Law Firm. Contact us today to discuss your case, and get scheduled for your free initial case evaluation as soon as possible. Don’t just accept abusive creditors, do something to protect yourself, and retain your financial freedom.