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Creditors, collection agencies and others who collect past due debts by law cannot threaten, intimidate or harass debtors to collect past due debts, but it still happens, particularly if the debtor doesn’t know his or her legal rights.
The Federal Trade Commission, the nation’s consumer protection agency, enforces the Fair Debt Collection Practices Act that prevents creditors from abusive, unfair or deceptive practices to collect personal debts. The act also allows consumers to sue debt collectors who violate the law.
Should I Hire a Creditor Harassment Attorney?
Yes. If you are subjected to repeated hostile phone calls or other illegal debt collection tactics you should immediately get legal representation to protect your rights and end the harassment.
A creditor harassment attorney also can tell you what your state’s debt collection laws are, if any, and tell you that the applicable law does not cover business debts.
Many creditor harassment attorneys will provide an initial consultation for free to determine if you have a valid complaint and a legal recourse.
What Can a Creditor Harassment Attorney Do?
You’re creditor harassment attorney can stop the illegal collection tactics.
That is accomplished by your lawyer sending a “cease and desist” letter demanding the creditor stop contacting you and telling the creditor not to place erroneous information on your credit report.
After that, to develop evidence, you will be advised to keep a log of the calls and other forms of contact, record telephone calls that the collector makes or that you make to the collector and have a witness to the calls or contact.
The log should include the name of the person you are speaking with, their title, and the time and length of the call. It is advisable to do that even before you talk to an attorney.
Your creditor harassment attorney, with your permission, also can enter into negotiations with the creditor to work out a debt settlement so you can pay less than what you owe.
If need be, your creditor harassment attorney can file and represent you in a civil lawsuit seeking monetary damages from the creditor. If that occurs, your creditor harassment attorney, again with your permission, can re-enter negotiations to lower or erase your debt in return for dropping the lawsuit.
Should negotiations fail, your creditor harassment attorney will take your case to trial.