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Can You Sue Your Creditors for Harassment?

Since the current economic decline, bankruptcy attorneys have been more useful than ever in assisting cash-strapped families and individuals with obtaining relief from desperate financial situations. Many times this assistance entails filing for either Chapter 7 or Chapter 13 bankruptcy protection. However, many people do not realize that bankruptcy attorneys such as Douglas County Bankruptcy Lawyers can use other methods, in addition to bankruptcy, to fight the battle against overly aggressive creditors. Under the Fair Debt Collection Practices Act (FDCPA), creditors who resort to unlawful tactics to collect a debt can be faced with civil liability and remedies recoverable by the debtor.

The rules established by the FDCPA prevent creditors from

  • Misrepresenting the amount you owe
  • Requesting you to pay interest, fees, or expenses not allowed by law
  • Calling repeatedly or continuously
  • Using obscene, profane, or abusive language
  • Calling before 8:00am or after 9:00 pm
  • Calling at times the collector knew or should know are inconvenient
  • Using or threatening to use violence if you don't pay the debt
  • Threatening action they cannot or will not take
  • Illegally informing a third party about your alleged debt
  • Repeatedly calling a third party to get your location information

These unlawful methods are commonly referred to as creditor harassment. If you feel that you have been harrassed by one of your creditors, Douglas County Bankruptcy Lawyers will provide a free consultation to evaluate whether your creditor has violated the FDCPA.

15 FDCPA Violations by LaToya Irby, About.com Guide


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