Harassing phone calls from creditors can be more stressful. When worsened, debt collector harassment can also lead to personal bankruptcy, loss of jobs, mental instability, and invasion of privacy. Although persistent efforts for the collection or verification of debt are legal, creditors’ harassment is illegal. As stated by the Fair Debt Collection Practices Act (FDCPA), no creditor is allowed to harass his debtor. If the creditor crosses the line and engages in harassment, then one can hire a debt collection harassment attorney to file a lawsuit against that particular creditor. This article talks about legal actions that one can take to stop this harassment.
1. Write a letter requesting to cease communications
The first thing that one can do is write the debt collector a letter telling him to stop calling or threatening. Under the FDCPA, the creditor is required to follow the debtor’s written request of “no contact.” If they fail to do so, then the debtor can report them to the Federal Trade Commission (FTC).
It is to be kept in mind that debt won’t just go away with the letter. It is a must:
- To make payments on the bet
- To deal with the creditors as they come
- To file bankruptcy and get a repayment loan or debt discharge
File a complaint with the FTC
If the debt collector continues with harassment, then it is recommended to file a complaint with the Federal Trade Commission (FTC) by reporting the debt collection agency online.
In the complaint, the below-discussed information is to be included:
- Debt collection company’s name and address
- Name of the original creditor
- Dates and times of all communication between both parties
- Name of witnesses
- Copies of any other material
File a complaint with the state’s agency
As a debtor, sending a complaint to the respective state’s agency dealing with debt collector harassment is a great idea. It is necessary to send copies of the complaint to the collection agency and the original creditor. Also submit all evidence, like paperwork, call recordings, documents, etc to the state’s agency.
Consider suing the creditor for harassment
Another option is to sue the creditor with the help of a debt collection harassment attorney. This option should be considered when having an extreme debt collector harassment case not when a creditor is annoying. A person usually has one year from the time the creditor violated the law to sue him for damages in federal or state court. If won, the plaintiff will be awarded some amount along with attorney’s fees just because the law has been violated by the creditor.
Despite filing a complaint or suing the debt collector, one can also deal with the creditors informally., but if the harassment worsens, then it is wise to get the legal help of a debt collection harassment attorney. These lawyers are well aware of all legal actions that can be taken against the creditor’s harassment. However, before hiring a lawyer, take time to conduct detailed research on his background.