Many people who file for bankruptcy are concerned about creditors harassing
them or calling at all hours seeking payment. However, you have legal
protections from this kind of behavior. Federal debt collection laws regulate
what creditors can say and how often they can contact you. If you are
being harassed by debt collectors, our firm can help. Depending on the
situation, you may be able to file a lawsuit against the debt collection
agency and pursue statutory damages (up to $1,000), actual damages, and
attorney fees and court costs.
What You Need to Know About the Fair Debt Collection Practices Act (FDCPA)
The Fair Debt Collection Practices Act (FDCPA) is a federal law that prohibits
debt collector companies from harassing debtors. Specifically, the FDCPA
regulates how often and when a debt collector may contact you. The FDCPA
applies to medical debts, credit card debts, mortgages, and other debts
related to personal, household, and family matters. It does not cover
Under the FDCPA, debt collector agencies may not:
- Contact you before 8 a.m. or after 9 p.m.
- Contact you at unusual times or places
- Contact you at inconvenient times or places, such as at your work
Furthermore, debt collectors may not harass you, your family, or anyone
else through phone, email, in-person, and other methods. Debt collection
companies may not threaten you or use abusive or deceptive practices to
collect debts. If you are contacted from a debt collection agency, you
have the right to know the name of the creditor, the amount owed, that
you can request the address and name of the original creditor (if different
from the current creditor), and that you have the ability to dispute the
debt. If this information is not provided in your initial contact with
the debt collection agency, they only have 5 days to send you a written
notice with this information.
If you obtain a lawyer, the debt collection agency must contact him or
her instead of you. You have the right to tell the debt collector to stop
contacting you by sending a written request. Make sure to keep a copy
of your letter for your own records. If the company keeps contacting you
about your debt, you may seek relief by filing a lawsuit or reporting
it to the Consumer Financial Protection Bureau (CFPB), the federal agency
designed to protect you from unfair treatment by lenders, banks, and other
Being Harassed by a Creditor? Our Harrisburg Bankruptcy Attorneys Are Here to Help.
Dethlefs Pykosh & Murphy provides diligent representation to clients facing
creditor harassment and bankruptcy. If you are being harassed, threatened, or unfairly treated
by a debt collector, you have the right to seek relief. Our Harrisburg
bankruptcy lawyers will analyze your situation and use tailored legal
strategies to defend your rights. We will work hard to guide you through
the legal process.
For personal assistance and aggressive representation, call our firm today
at (717) 559-0271.