Stopping Creditor Harassment
When you have a debt that is overdue, the people you owe may send collectors your way. You might receive endless calls, mailings and more. This type of harassment just adds to the stress of an already precarious financial situation. But you are not without options, both for lifting the burden of your debt and getting the collectors off your back.
Bankruptcy will put an immediate stop to creditor harassment and many of the illegal practices they may use to pressure you, but there are also other tools available besides flat-out filing a Chapter 7 or Chapter 13. Our firm understands and uses several different legal avenues available to put a stop to creditor harassment.
Stand Up To Debt Collectors (Legally)
Houston attorney Vicky Fealy is well-versed in the Fair Debt Collection Practices Act, the Federal Credit Reporting Act, the Truth in Lending Act, the Real Estate Settlement Procedures Act and the state versions of these important laws that can help you stop creditor harassment. In some instances, it may be as simple as sending a cease-and-desist letter. But if necessary, litigation may be filed to stop the harassment.
As a dedicated bankruptcy lawyer since 1992, Ms. Fealy has defended many clients seeking both debt relief and freedom from overbearing collectors. Being harassed by creditors can be overwhelming, but with the help of an experienced attorney like Ms. Fealy, you can trust she has your best interests in mind. She knows all chapters of the Bankruptcy Code and can help you choose which patch fits your financial needs the best.
Common Questions (And Answers) About Fighting Creditor Harassment
After reading answers to the common questions below, please contact the firm to get your own questions answered during a free initial consultation.
What does the Fair Debt Collection Practices Act (FDCPA) do to protect consumers?
This important federal law places limits on what third-party debt collectors (like debt collection agencies) can do or say in their attempts to collect debt. The law prohibits them harassing or intimidating you. For instance, they are not allowed to call you too late or too early, nor can they use threatening or obscene language. They must identify themselves as a debt collector each time they call, and they are prohibited from communicating with you in a way that publicizes your debt.
Companies or individuals who violate the FDCPA can be reported to the state attorney general, or the Consumer Financial Protection Bureau, and they can sometimes be directly sued in court.
What happens to creditors who violate an automatic stay?
As mentioned elsewhere on this site, the automatic stay is enacted as soon as someone files for bankruptcy. It puts a hard (but temporary) pause on all creditor collection actions and most communications with the debtor. It is a court order, and like nearly all court orders, the consequences for violating it are no small matter.
If a creditor’s violation of the automatic stay is found to be willful, they may be liable to pay actual and punitive damages to the debtor as well as attorneys’ fees. If you’ve been contacted by a creditor after filing for bankruptcy, be sure to get the company’s name and contact information and report it to your attorney right away.
How will I know if a creditor violated the law or my rights?
If you’re already working with an attorney, the easiest thing to do is contact your attorney and discuss your concerns. If you are not yet working with an attorney, simply do an online search of the federal laws mentioned above for more information about what is and is not acceptable creditor behavior.
Get Relief From Creditors
Getting debt collectors off your back might be your immediate goal, and attorney Fealy at The Fealy Law Firm, PC, is happy to help you. The firm will also guide you on solutions to your underlying financial struggles and stress. To reach the firm’s Houston office, call 713-568-4491 or complete our contact form to schedule your free and private consultation today. Se habla español.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.