Creditor Harassment Lawyers in Hartford
Defending You Against Unfair, Deceptive, and Abusive Collection Tactics
When you owe more debt than you can manage or pay off in a reasonable amount of time, it may feel as though you are at your creditors’ mercy. But did you know there are hard limits as to what tactics a debt collector can use to compel you to pay? Creditor harassment is a serious violation of your state and federal rights as a consumer.
The better you know your rights, the sooner you can identify if a debt collector has crossed the line. When you bring your case to Boatman Law, we will take the time to help you understand your rights before determining the right way forward. We may take the debt collector to court to obtain compensation on your behalf, or we may choose to pursue another form of relief, such as bankruptcy.
What Can a Debt Collector Not Do?
Creditors and debt collectors have several lawful tactics at their disposal, including calling, texting, and even suing you. Many collectors, however, have no regard for your rights, and they may employ tactics that are unlawful under the Fair Debt Collection Practices Act (FDCPA).
Per the FDCPA, the following practices are illegal:
- Discussing details about your debt with someone other than you or your spouse
- Calling your workplace if they have been told not to do so
- Calling you after 9pm or before 8am
- Calling you repeatedly with the intent to harass you
- Pretending to be law enforcement, a court official, or someone other than who they are
- Lying about your debt (e.g. the amount, who you owe, etc.)
- Causing you harm (or threatening to do so)
- Threatening you with an arrest
- Threatening you with a lawsuit that they don’t intend to file
- Using profane, obscene, or violent language
In general, consumer protection laws prohibit unfair, deceitful, and abusive collection tactics. If you believe you have experienced creditor harassment or other unlawful collection actions, get in touch with our attorneys right away. You have rights, and we are here to preserve those rights and advance your interests.
Keep in mind that the FDCPA covers consumer debts, not business debts. If debt collectors are harassing your business, you may consider filing Subchapter V bankruptcy.
Handling Violations of the Automatic Stay
When you file bankruptcy, you gain an additional right: protection from all collection actions for the duration of your case. This is because of a court order called the automatic stay, which takes effect as soon as you file. In some cases, creditors or debt collectors will violate the automatic stay. You do not have to accept this. Automatic stay violations come with severe penalties, and we are here to hold these entities accountable on your behalf.
Verifying Your Debt
Collection agencies make mistakes more often than many would believe. In some cases, they may go after an individual who doesn’t actually owe a certain debt. This is why verifying your debt is the first—and a very important—step in defending yourself against debt collectors. If the debt isn’t yours (or it’s time-barred), we can help you prove that you aren’t liable. If the debt is yours, we can develop a strategy to handle this financial challenge as efficiently and effectively as possible.
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“I had a bit of anxiety going into the bankruptcy process, but they were very kind and patient each time that we met with them. They explained the process in “layperson” terms so we could understand what was going on.”- Kate H.
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