Under the terms of the Fair Debt Collections Practices Act (FDCPA), debt collection agencies cannot engage in abusive, harassing, or threatening behavior when attempting to collect on a debt. This means collection agencies cannot repeatedly call you at home or work, send threatening letters, or use abusive language when talking to you over the phone.

 Unfortunately, the FDCPA only really applies to third party collection agencies contracted by banks, retailers, medical service providers, and others to collect unpaid debt. As a result, the FDCPA does not apply to in-house collection departments of credit card companies, banks, car dealerships, hospitals, retailers, or other businesses.

While in-house collection departments cannot make threats or pose as police officers in order to collect unpaid debt, they can call repeatedly, send a barrage of stern letters, and report delinquent payments to Equifax, Experian, and TransUnion, harming your credit score.

Filing for Bankruptcy - Putting an End to Creditor Harassment

The most effective way to stop creditor harassment is to file for bankruptcy. If you are unable to make the minimum monthly payments on your credit cards, have fallen behind on your mortgage, or are facing the repossession of one or more of your cars, filing for Chapter 7 or Chapter 13 bankruptcy may be the best way to stop creditor harassment. Filing for bankruptcy initiates an automatic stay that requires collection agencies and creditors to immediately cease all collection and foreclosure actions against you.

Additionally, once you file for bankruptcy, creditors are no longer allowed to contact you directly, and must go through your lawyer instead. At The Law Office of Aramis Hernandez, our bankruptcy lawyers can explain the various bankruptcy qualifications and help you determine the best option to fit your financial situation. Call 305-374-7744 or contact us online to arrange a free consultation.

At The Law Office of Aramis Hernandez, our bankruptcy lawyers can go through the list of bankruptcy qualifications with you and help you determine the best option to meet your financial needs. Call 305-374-7744 or contact us online to arrange a free consultation.