Protection From Creditor Harassment
Experiencing creditor harassment can be both stressful and overwhelming, affecting an individual’s peace of mind and financial stability. Common forms of harassment include repeated calls, abusive language and threats of legal action that are not legally valid. When a creditor uses abusive, deceptive or unfair practices to collect debts, they engage in harassment that is prohibited under the Fair Debt Collection Practices Act (FDCPA). When a creditor is harassing you, take legal action to stop it.
L. Wayne Gilleland, Attorney at Law, is committed to helping clients in the Macon area and throughout Middle Georgia navigate issues related to creditor harassment. Attorney Wayne Gilleland has more than 40 years of experience offering knowledgeable and compassionate legal assistance through issues including consumer rights, guidance and support to individuals facing unfair debt collection practices.
Understanding Rights And Legal Protections
The FDCPA protects consumers against creditor harassment, ensuring that debt collectors adhere to ethical standards. For Georgia residents, the state offers additional defenses against harassment, including being able to pursue creditor lawsuits for violations. A statute of limitations on debt limits the time frame for legal debt collection actions. Mr. Gilleland can review your situation and confirm the time frame for these actions.
There are some actions a debtor can take to improve their situation. If an individual believes creditors harass them, they should start by keeping detailed records of all communications. Thorough documentation means a stronger claim against your harassers. Be sure to request debt validation from a collector to ensure they have a valid claim to the debt. If a creditor continues to harass you, reach out to a creditor harassment attorney to put a stop to things.
How Bankruptcy Can Provide Relief
Filing for bankruptcy can be an effective way to stop creditor harassment immediately. This automatic stay means that filing for bankruptcy can halt any collection activities, such as creditor intimidation and debt collector calls. By filing for Chapter 7 bankruptcy, you can discharge most unsecured debts, and Chapter 13 bankruptcy lets you reorganize them into manageable payments.
Answers To Your Questions About Creditor Harassment
Dealing with creditor harassment can be incredibly stressful and intimidating, but it is important to remember that you have rights and legal protections. Understanding what creditors and debt collectors can and cannot do is the first step toward taking back control of your situation. Below, address common concerns to provide you with more clarity.
Can a creditor threaten me with jail time?
No, creditors cannot threaten you with incarceration for failing to pay a debt. Making threats is illegal under the Fair Debt Collection Practices Act (FDCPA), which strictly prohibits debt collectors from using false, deceptive or misleading statements to intimidate individuals.
If a debt collector makes this type of threat, you should document the incident and report it to the Consumer Financial Protection Bureau (CFPB) or your state attorney general’s office.
What should I do if a debt collector is harassing my family or friends about my debt?
Harassing or repeatedly contacting your family or friends about your debt is a violation of the FDCPA. If this happens, inform the debt collector that their behavior is unlawful and request that they stop. You can also file a formal complaint with the CFPB or seek legal support to determine the best course of action to protect your loved ones and hold the collector accountable.
Should I keep records of harassing calls and letters from debt collectors?
Yes, it is essential to keep detailed records of any interactions with debt collectors. This includes the dates, times and content of phone calls, as well as copies of all written correspondence. These records may serve as valuable evidence if you need to file a complaint or pursue legal action.
Documenting harassment can strengthen your case and support your rights under the FDCPA.
What steps can I take to stop creditor harassment?
One of the most effective steps is to send a written “cease and desist” letter to the debt collector, requesting that all communication stop. Additionally, you have a right to seek guidance from a lawyer with deep experience in creditor harassment cases.
Attorney Gilleland has this experience and can help you explore legal remedies to stop the harassment, such as filing a claim against the collector.
Reach Out To Stop Harassment Today
For those facing creditor harassment, L. Wayne Gilleland, Attorney at Law, is ready to help. The firm offers comprehensive services to address financial challenges, including bankruptcy protection and credit counseling. Call 478-207-6901 or reach out online to schedule your initial consultation and take the first step in seeking justice against abusive creditors today. The sooner you reach out to a skilled bankruptcy lawyer, the sooner you can stop harassment and even take control of your finances, so act today.