Are you facing a lawsuit or being harassed by a debt collector because you're behind on your credit card payments, medical bills or mortgage? If so, it is important that you understand your rights and options.
It is illegal for debt collectors to treat you in an abusive, misleading or threatening way. And, you can put an end to it.
Even if you have fallen way behind on payments, your creditors have no right to harass you.
What Is Illegal Creditor Harassment?
Under the federal Fair Debt Collection Practices Act, creditors are prohibited from the following types of harassment:
- Calling you repeatedly or calling you at unreasonable times of day, including before 8 a.m. and after 9 p.m.
- Contacting you at all if you are represented by an attorney and/or have filed for bankruptcy
- Contacting your employer, your relatives or anyone other than your spouse about your debt
- Trying to reach you at work after being told you cannot take their calls at work
- Pursuing a debt that has already been properly disputed
- Falsely threatening you with arrest, or threatening to take other illegal actions, such as violence, or actions that are not actually intended to be taken
- Engaging in other forms of threatening or abusive conduct or communication.
What Can You Do If You Are being Harassed?
If you are experiencing any of the tactics listed above, or any other threatening or abusive conduct, report the situation to the Kansas Attorney General.
You may also wish to contact an experienced debt relief attorney to discuss your options to handle the debt. Depending on the circumstances of your specific case, you may be able to file a lawsuit against the creditor under the FDCPA, which could result in having the debt eliminated.
At Wiechman & Gasper, P.A., in Topeka, we help individuals and small businesses get the debt relief they need and deserve. We would be happy to talk to you about your options to reduce or eliminate your debt through bankruptcy or bankruptcy alternatives, such as debt settlements. Contact us to schedule a free, no-obligation consultation if you would like to sit down to talk about your options.