When you are unable to pay your debts in the given time period, you start to get threatening calls, emails, and letters from creditors. This action from a creditor’s end is termed as harassment and there are strict laws against it. Victims of creditors’ harassment are often protected under the Fair Debt Collection Practices Act (FDCPA). This law provides protection to people that are abused and threatened by debt collectors. Let’s take a look at some of the ways with which you can save yourself from creditors’ harassment and live at peace.
Hire an Attorney
Once you start getting calls from debt collectors, it is best to adopt a pro-active approach and hire an attorney. Your lawyer will help you file a case against debt collectors and will provide necessary protection to you. Do not assume that the creditors will stop bothering you because many of them might even threaten to destroy your property and use violent ways to collect their money. To save yourself from such incidents, make sure you have an attorney by your side.
Get Protection Under the Fair Debt Collection Practices Act (FDCPA)
FDCPA has strict laws and guidelines for debt collectors that they have to follow. Below is a list of acts that are termed as illegal by FDCPA and if your debt collectors are involved in any of these, you can simply inform your attorney who will help file a case against them.
- Debt collectors cannot call your workplace.
- They cannot use abusive language.
- They cannot threaten to hurt anyone.
- They cannot call your residence before 8am or after 9pm.
- They cannot harass you by any means; verbally or physically.
- They cannot make false statements against you.
- They cannot call your relatives or friends to collect debt.
- They cannot add unauthorized charges.
In situations like these, your lawyer will contact the FDCPA and ask the debt collection agency to stop contacting you. You have to write a letter to the FDCPA in order to stop the agency from calling you.
If the Harassment Continues
Many debt collecting agencies do not stop harassing debtors even after they send a letter to the FDCPA. When a debt collector violates the laws of FDCPA, you have the right to inform your lawyer and get them sued. A great way to strengthen your case is to keep a record of every conversation that you have with the collectors. This will provide you an edge and get the agency sued in the court.
File for Bankruptcy
If you are unable to pay the debts, you can consider the option of filing for bankruptcy. When you file for bankruptcy, your creditors aren’t allowed to perform any action against you. During automatic stay, any communication between you and the creditor goes through your attorney.