Kostopoulos Bankruptcy Law

Oakland Creditor Harassment Attorney

 

Protect Your Rights Against Creditor Harassment

Are creditors or debt collectors harassing you in their collection efforts? Are they calling you incessantly, making threats against you, telling other people about your debt or taking other overly aggressive actions to get you to pay up?

If so, you should immediately consult with an attorney who can help you protect your rights.

Our Oakland creditor harassment lawyers at Kostopoulos Bankruptcy Law can help you take steps to put a stop to the creditor harassment you are suffering from and to hold the offending debt collectors accountable.

Our attorneys are knowledgeable of both the California Fair Debt Collection Practices Act (CFDCPA) and the Federal Fair Debt Collection Practices Act (FDCPA), which prohibit creditors from engaging in abusive and deceptive collection practices.

We can help you uphold your rights under these laws! Our team is also knowledgeable of how bankruptcy can be used to put a stop to creditors’ collections efforts-at least for the duration of the bankruptcy. Consult with a lawyer from our firm to find out how we can assist you. We offer a free initial consultation to discuss the details of your case and strategize the best way to proceed.

 

What is Considered Creditor Harassment?

Debt collectors must act within the parameters of the law when attempting to collect debt from individuals. The FDCPA and CFDCPA clearly outline specific actions and conduct that can be defined as creditor harassment and debt collection harassment.

Here are a few of the many different actions that creditors and debt collectors are prohibited from carrying out under the CFDCPA and FDCPA:

  • Using profane or obscene language when speaking to you
  • Threatening to commit a crime against you or to use physical force against you
  • Falsely telling you that you that your failure to pay the debt is a crime
  • Threatening to take certain negative actions against you without having the legal ability or intention to take such action (i.e. having you arrested, getting your wages garnished, seizing your assets, etc.)
  • Calling you constantly for the purpose of creating an annoyance, especially when you are at work
  • Failing to disclose or misrepresenting one’s identity as a representative of the debt collector or creditor
  • Calling you before 8 am or after 9 pm.

Once the debt collector or creditor is notified that an attorney is representing you, that collector must go through your legal representative for all future contact concerning your debt. If your creditor decides to sue you, it may be possible to use the creditor harassment violations as defense or grounds for a countersuit, which could result in an order for the debt collector to pay you damages.

 

Understanding Your Rights Under the FDCPA and CFDCPA: Protection Against Unfair Debt Collection Practices

These laws are your armor against unfair debt collection practices. Let’s delve deeper into what they protect you from:

  • No Harassment or Abuse: Federal law, specifically the FDCPA, prohibits creditors from using threats, intimidation, or offensive language when contacting you. This includes repeated calls, showing up at your workplace, or disclosing your debt to others without your permission.
  • Accurate Debt Validation: You have the right to request verification of your debt, including the amount owed, the original creditor, and any fees or interest that have accrued. Debt collectors must provide this information within 30 days of your request. Additionally, debt collectors must send a written notice within five days after the initial communication, as required by federal law.
  • Limited Contact Times: Creditors can only contact you between 8 a.m. and 9 p.m., and they must stop contacting you if you inform them in writing that you are represented by an attorney.
  • Fair and Transparent Practices: Debt collectors cannot misrepresent themselves or the amount you owe, use deceptive tactics to collect the debt, or threaten actions they are not legally authorized to take.

 

The Bankruptcy Advantage: Your Escape from Creditor Harassment

Filing for bankruptcy can be a powerful way to stop creditor harassment in its tracks. Here’s how:

  • Immediate Relief: The automatic stay that goes into effect upon filing provides an immediate shield against collection calls, lawsuits, and other actions by creditors.
  • Debt Elimination or Reorganization: Depending on the type of bankruptcy you file, you may be able to eliminate your unsecured debts entirely or create a manageable repayment plan.
  • Legal Recourse: If creditors violate the automatic stay or continue to harass you, your attorney can take legal action to enforce your rights and potentially seek damages.

 

What To Do If You Are a Victim of Debt Collection Harassment

If you have suffered repeated debt collector harassment and abuse from creditors, here are some steps you can take to protect yourself:

  • Document and keep records of each incident, including the times you are contacted and instances of abusive language
  • Ask for proof of your debt. You have a right to verify that your debt is accurate and debt collectors must show documentation.
  • Contact an attorney immediately. Your attorney can help you put a stop to the harassment and seek damages on your behalf.

 

Understanding the Debt Collection Process

Being contacted by debt collectors can be overwhelming, especially if you’re unsure of your rights or the legal procedures involved. In this section, we’ll break down the debt collection process step-by-step, from the initial contact to potential legal action. We’ll explain what to expect, what your options are at each stage, and how to protect yourself from unfair practices.

The FDCPA covers debts owed primarily for personal, family, or household purposes, and does not apply to corporate or business debts.

 

Financial Hardship and Your Rights

Facing financial difficulties is challenging enough without the added stress of creditor harassment. In this section, we’ll discuss the rights you have when facing financial hardship. This could include options like negotiating with creditors, seeking debt consolidation, or exploring bankruptcy as a solution to regain control of your finances. It is important to note that the FDCPA does not cover business debts, which are excluded from its protections.

 

Legal Strategies for Dealing with Creditor Harassment

There are various legal avenues you can pursue to stop creditor harassment and hold collectors accountable for their actions. We’ll outline these strategies, including:

  • Cease and Desist Letters: Formal communication to demand that the harassment stops.
  • Filing Complaints: Reporting the harassment to regulatory agencies like the Consumer Financial Protection Bureau (CFPB). You can also report harassment to the California Attorney General’s office, which investigates violations of debt collector harassment laws.
  • Lawsuits under the FDCPA/CFDCPA: Taking legal action to seek damages for the harm caused by the harassment. The Telephone Consumer Protection Act (TCPA) also provides protections against debt collection harassment and imposes severe penalties for violations.
  • Bankruptcy as a Defense: Filing for bankruptcy can put an immediate stop to collection efforts and provide you with a fresh start.

 

Preventing Creditor Harassment in the Future

We’ll share proactive steps you can take to minimize the risk of creditor harassment in the future. This could include:

  • Timely Communication with Creditors: Maintaining open communication with creditors about your financial situation can often prevent misunderstandings and aggressive collection tactics.
  • Understanding Your Debt Agreements: Carefully reviewing your loan and credit card agreements can help you understand your rights and responsibilities as a borrower.
  • Knowing Your Legal Rights: Familiarity with the FDCPA and CFDCPA can empower you to stand up for yourself and challenge unfair collection practices.

Many debt collectors engage in abusive, deceptive, and unfair practices, making it crucial to take proactive steps to prevent harassment.

 

Debt Relief Options Beyond Bankruptcy

Bankruptcy isn’t the only solution for dealing with debt and creditor harassment. We’ll discuss alternative debt relief options, such as:

  • Debt Consolidation: Combining multiple debts into a single loan with a lower interest rate can simplify payments and reduce overall debt.
  • Debt Settlement: Negotiating with creditors to settle your debts for less than the full amount owed.
  • Credit Counseling: Seeking guidance from a credit counselor to create a budget, manage your debt, and improve your financial habits.

 

How You Can Benefit from Bankruptcy?

As a debtor who is being harassed by creditors or debt collectors, bankruptcy may be a helpful option for you. Once a debtor files for bankruptcy, he or she gets to benefit from an automatic stay. This stay puts collection efforts on hold while your problem debt is being addressed through bankruptcy. This means that creditors have to stop calling you for payment and stop any negative actions against you until your bankruptcy is completed.

 

Your Local Oakland Creditor Harassment Experts

We’re proud to serve the Oakland community and are committed to helping individuals overcome the challenges of creditor harassment. This section can highlight your firm’s local ties, community involvement, and dedication to providing accessible legal services to those who need it most.

 

Contact an Oakland creditor harassment attorney from our firm for help addressing your creditor harassment issues!