What to do about Abusive Creditors
Many people get so caught up in the amount of debt that they owe, they fail to realize, or recognize when creditors are being abusive. Creditors rely on the fact that many consumers are unaware of their legal rights, and don’t realize when creditors are breaking the law in their attempts to collect on a debt. Luckily, for the informed consumer, there is something that can be done to combat aggressive and abusive creditors legally and effectively.
What Counts as Abusive?
While there are some actions that most people recognize as abusive, there are other creditor actions and activities that are considered abusive which are not as widely known in that regard. For instance, most people realize that it is against the law for creditors to call and harass an individual repeatedly, however, some may not realize that in addition to the frequency of calls, there is a law limiting the time of day that creditors may call, and that it is based on the consumer’s local time, not the creditor’s.
In general, any of the following may be considered abusive under the terms of the law:
· Creditors who yell, use obscene language, or threats
· Creditors who claim they will file a lawsuit or garnish wages when they have no intent to do so, or no legal right to do so where you live
· Creditors who call before 8AM or after 9PM your local time
· Creditors who call repeatedly throughout the day with the intent to harass
· Creditors who contact you on your job, after being informed that your employer does not allow such contact
· Creditors who send letters demanding payment which appear to be legal contracts or other official documents when they are not
· Creditors who contact you personally, after you have retained an attorney who is handling your debt issues
· Creditors who continue to call you after you have formally requested in writing that they cease such contact
· Creditors who contact 3rd parties with regards to your debt and disclose information about that debt
There are other actions which may be considered abusive as well, and creditors are counting on the fact that most consumers either do not know that these actions are abusive, or who are not aware that they can sue creditors for damages if they are subjected to such actions. If you have filed for bankruptcy, creditors also may not contact you in order to attempt to collect a debt. If that happens, the creditor may also be liable for damages. Because bankruptcy laws are on your side in this situation, it is in your best interest to seek a skilled San Bernardino County Bankruptcy Attorney to handle your case. Our firm will protect you form unfair and illegal collection practices, and we will fight for your rights in the courts if creditors fail to comply with the law. You may be able to recover a significant amount in damages, depending upon your particular situation. Contact us today and arrange for a free initial case evaluation and put a stop to creditor abuse once and for all.