Introduction
When you fall behind on your bills for an extended period, it is common practice for financial institutions to turn your account over to third-party debt collectors. While these third-party debt collectors have the right to negotiate payment plans with you, they do not have the right to harass you and be vile.
The Fair Debt Collections Practices Act was established to protect debtors from third-party debt collectors’ unfair and illegal debt collection practices. Thanks to the Fair Debt Collection Practices Act, debt collectors are required to follow established guidelines. If they are out of line or harass the debtors, they will be held legally and financially responsible.
Common Debt Collector Harassment FAQs
Can You Sue a Debt Collector for Harassment?
It is illegal for a debt collector to harass you. In fact, there are laws and guidelines that creditors must abide by when working to collect payments from you.
The Federal Fair Debt Collection Practices Act explicitly gives debtors the right to sue a debt collector whose actions qualify as harassment. If a debt collector has harassed you, you are entitled to up to $1,000 in damages as well as court and attorney fees.
What Actions By A Creditor Are Considered To Be Harassment?
According to the Fair Debt Collection Practices Act, the following actions are considered to be harassment by a creditor:
- Calling repeatedly or continuously
- Calling you at work even though they have been informed not to
- Threatening to hurt you
- Threatening to damage your reputation
- Swearing or cursing
- Failing to identify themselves
- Speaking with other people about your debt
If your creditors have been harassing you regarding your payments, you have the right to sue them. Your creditor is required to treat you fairly, and if they engage in harassment, you are entitled to financial compensation. If your creditors are harassing you, contact the bankruptcy department at Jackson White Law today.
How Many Calls From A Debt Collector Is Considered To Be Harassment?
According to the Fair Debt Collection Practices Act, debt collectors’ actions are considered to be harassing if they call you more than once per day for each debt you have. If you have only one debt to pay off, a debt collector may only call you once per day for seven consecutive days.
If you have multiple debts, then a debt collector is allowed to call you up to one time per day per debt. If you have three separate debts, a debt collector can call you up to three times in one day.
Can A Debt Collector Call Me in the Middle of the Night?
The FDCPA specifies that debt collectors cannot call their debtors at inconvenient times. This means that your debt collector should not call you before 8 a.m. or after 9 p.m. unless you arranged with them to do so.
If a debt collector calls you before 8 a.m. or after 9 p.m., it is considered to be harassment.
How Do I Complain About A Debt Collection Agency?
If a debt collector has been harassing you over unpaid debts, you should submit a complaint with the Consumer Financial Protection Bureau as well as you should speak with an attorney. It is illegal for debt collectors to harass creditors, and they are financially liable for monetary damages.
How Can I Stop Debt Collectors From Harassing Me?
Simply answering yet another call and asking your creditor to stop the harassing phone calls is not enough to get them to stop. Instead, the FDCPA requires debtors to send a written communication to their debt collector to cease communication over the phone.
Once you have written to them and informed them to stop harassing you, they must do so. If the debt collector ignores your written notification and continues to make efforts to communicate with you about the debt, they are legally responsible for committing another FDCPA violation.
Though you may be able to handle the debt collector on your own, it is prudent for you to work with an attorney to stop debt collectors from harassing you. An experienced bankruptcy attorney can stop the harassment and file a lawsuit, which will allow for to claim up to $1000 in damages.
Hiring a Bankruptcy Attorney
If you are in a stressful debt situation and your debt collector is harassing you, it’s time for you to talk with an experienced bankruptcy attorney. An experienced bankruptcy attorney can listen to the facts of your case and work with you to stop the harassing calls and communications coming from the debt collectors.
If a debt collection agency is harassing you, contact Jackson White Law today to schedule an appointment with bankruptcy attorney John Skiba.
Call us at (480) 464-1111 or fill out the form below to get started.