What to do about Abusive Creditors - Bankruptcy in Fresno County
If you're concerned about abusive collection practices, you aren't alone. Many people find themselves subject to questionable collection practices when they fall behind on their bills. These questionable practices can take the form of repeated telephone calls, threatening letters, or other activity that is considered to be a violation of the Fair Debt Collection Practices Act. Creditors count on the fact that most consumers are either unaware of their rights, or do not know how to enforce those rights properly. Creditors who knowingly violate the Fair Debt Collection Practices Act can be fined and/or sued - a fact that many creditors ignore when attempting to collect on past due balances.
Understanding Abusive Collection Practices in Fresno County
In order to properly handle abusive creditors, you must know what types of activities can be considered abusive under the law. There are many practices that could be considered abusive, and it is in your best interests to be aware of these. For example, creditors may not call your home before 8 AM your local time, nor after 9 PM your local time - this is important if you are in a separate time zone from your creditor. While they may be calling you during their normal business hours, that call could be in violation of fair debt collection practices. Some other abusive collection practices include:
· calling more than once per day, if your creditor makes contact with you initially
· calling you after you have requested in writing that they stop calling
· using threatening language, yelling, or profanity during any collection attempt
· calling you directly when you have legal representation to handle your communications from debt collectors
· sending letters that appear to be binding legal documentation, when they are not
· threatening to garnish wages, file a lawsuit, or take some other action that the creditor does not intend to take
· contacting third parties about your debt obligations, and disclosing information about your debts to these third parties
· contacting you on your job, after being told that your employer does not approve of such contact
· attempting to collect on a debt that has been discharged through bankruptcy
· attempting to collect on a debt despite an automatic stay in a pending bankruptcy case
These types of collection practices can be addressed by an attorney who understands fair debt collection practices, and how they apply to your case. Contact our office of expert
Fresno County Bankruptcy attorneys if you have any questions about what you should do in order to stop abusive creditors, and regain your financial freedom. We will provide you with a no-risk, no-cost, initial
case evaluation that will give you the facts, so that you can decide how best to handle your case. Don't wait - the sooner you contact us with your concerns, the more we may be able to help you. Remember, you may be entitled to collect damages in excess of what you owe if the abusive collection practices are proven in court.