Phoenix Creditor HarassmentLawyers
Fight Against Deceitful and Abusive Collection Tactics
When you walk into our office at The Gavel, you are taking the first steps toward peace of mind and financial freedom. We have been protecting clients from creditor harassment for many years, and we know what it takes to properly serve clients undergoing debt collection harassment, bankruptcy, and other financial difficulties. Unlike larger firms, we make it a point to communicate with you personally, give you time and space to ask questions, and make sure you’re always in the loop.
Can I Sue a Creditor for Harassment?
Yes, you can sue a creditor for harassment. Under the Fair Debt Collection Practices Act (FDCPA) you have the right to sue a creditor or debt collector for harassment. If there is evidence that they have violated the FDCPA you are entitled to up to $1,000 in damages in addition to attorney fees and court costs. Debt collector harassment is illegal. If they are using abusive tactics, contact us for a free initial consultation.
Collections Tactics: What a Collector Can & Cannot Do
There are many limitations on what debt collection agencies can do when attempting to collect payments from you. The FDCPA provides a long list of “don’ts,” which is intended to protect consumers from abusive behavior.
The FDCPA forbids debt collectors from:
- Calling you at an inappropriate time of the day or night, such as before 8:00 A.M. or after 9:00 P.M.
- Reaching out to you personally when they know (or ought to know) that you have hired a lawyer to represent you
- Calling you at work when they know your employer does not allow employees to receive such calls
- Making violent threats or taking violent action against you
- Using abusive, profane, or otherwise reprehensible language
- Publicizing your name and identifying you as a person who fails to repay debts
- Posting an advertisement attempting to sell your debt to the public
- Calling you with excessive frequency
- Calling you without telling you they are trying to collect your debt
- Pretending to be someone they are not, such as members of law enforcement, attorneys, government employees, etc.
- Lying about the amount you owe
- Using a fake name
- Claiming you have committed a crime when you have not done so
- Threatening to take legal action that they cannot take, such as seizing your property
What is Considered Harassment by a Creditor?
Debt collection agencies also cannot behave outrageously, unfairly, or deceptively when seeking to collect your debt.
Here are some examples of outrages or deceptive practices:
- Charging extra fees, interest, or other financial add-ons
- Sending you postcards or other forms of mail that can be read by another party
- Placing markings or symbols on written or mailed items that identify them as being related to debt collection
What Are My Rights Under the Fair Debt Collection Practices Act?
The Fair Debt Collection Practices Act (“FDCPA”) forbids debt collection agencies from behaving in a certain way when attempting to recover unpaid debts. If a debt collection agency violates a provision of the FDCPA, you may be able to use it to your advantage during bankruptcy—or without even filing bankruptcy at all.
Evidence of a violation may allow you to take several courses of legal action:
- Reporting the harassment to the Arizona Attorney General
- Reporting the harassment to the Consumer Financial Protection Bureau (CFPB) or the Federal Trade Commission (FTC)
- Filing a lawsuit against the harassing collector (or threatening to do so); must be done within one year of the violation
Did you know that bankruptcy triggers a court order called the automatic stay? This order halts and prevents all collection activities, from phone calls to lawsuits to foreclosure. Whether or not debt collectors have committed creditor harassment, you can use bankruptcy to attain the relief you need from whatever their next move may be. Turn to trusted bankruptcy attorneys in Phoenix today.
We offer phone consultations, in-person meetings, and same-day appointments when possible. Call (602) 560-4679 now to speak with our debt collection harassment lawyers in Phoenix—we can begin with a free case evaluation.