Riverside Creditor Harassment Attorneys
Dependable Legal Advocates Protecting Your Best Interests
The Kostopoulos Bankruptcy Law proudly uses our robust resources to help clients fight back against all forms of creditor and debt collector harassment. Whether you are being called incessantly at home and work by collectors or you keep receiving threatening letters regarding past-due debt, our esteemed attorneys can provide you with practical legal insight to protect your rights. If you want to take steps to put a stop to creditor harassment and take control of your finances, then please contact our firm today to discuss what we can do to hold debt collectors accountable for their illegal actions.
The seasoned attorneys at The Kostopoulos Bankruptcy Law are familiar with 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. With our practical guidance, you can feel confident knowing we will work diligently to advance your rights under these laws.
If you would like to consult with a lawyer from our firm to find out how we can assist with your creditor harassment case, please call (877) 969-7482 today.
Creditor Harassment Explained
The methods collectors use to recover a debt from individuals must fall within the parameters of the law.
Under the FDCPA and CFDCPA, the following specific actions and conduct are considered creditor harassment:
- The use of profane or obscene language when speaking to a debtor.
- Threatening to use physical force against a debtor.
- Falsely telling a debtor that failing 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. This includes having you arrested, garnishing your wages, and seizing your assets.
- Constantly calling you at work just to annoy you.
- Failing to disclose or misrepresenting one's identity as a representative of the debt collector or creditor.
- Calling you at home or work before 8 am or after 9 pm.
- Failing to go through the appropriate legal representative after being notified that the debtor hired an attorney.
If a creditor files a lawsuit against you to collect a debt, then it might be possible to use any of the illegal collection methods listed above as defense or grounds for a countersuit, which could result in an order for the debt collector to pay you damages.
Who is a Debt Collector?
According to the Fair Debt Collection Practices Act (FDCPA), a debt collector is anyone whose business it is to collect debts on behalf of a creditor. The FDCPA does regulate activities of these collectors. The original creditor may not be under the guidelines of the FDCPA, however, and can encourage harassing techniques by the collectors with the hope that you are not aware of your rights and protections.
What Should I Do If I’m Being Harassed By Creditors?
If you have suffered repeated harassment and abuse from creditors, then you should take the following steps to protect yourself:
- Keep detailed and organized records of each incident and document the times you are contacted and any instances in which collectors use abusive language.
- Request proof of your debt. As a consumer, you have a right to verify that your debt is accurate. Debt collectors must show valid documentation that you have an outstanding debt.
- Immediately consult with an experienced lawyer to get help putting a stop to the harassment and to determine whether you can seek damages.
We Proudly Help Clients Use Bankruptcy to Stop Creditor Harassment
Did you know that filing for bankruptcy might be the best solution to put an end to creditor harassment? That’s because once you file for bankruptcy, an automatic stay goes into effect that puts all collection efforts on hold. While your debt is being addressed through bankruptcy, creditors cannot call you inquiring about your debt and must also cease negative actions against you until your bankruptcy case is finalized.