The Legal Way to Deal With Harassing Debt Collectors
The pursuit by debt collectors has afflicted mankind for ages. No one in the history of the world has ever erected a statue honoring a debt collector.
The constant calls, texts, and letters aren’t just moments of discomfort – they can create constant anxiety that creeps into every aspect of your daily life.
Each contact serves as a reminder of the financial burdens you’re carrying. Debt collection affects your emotional well-being, your relationships, and even your performance at work.
Every unanswered call or unread letter adds another layer of stress to an already overwhelming situation.
When you’ve had enough, you finally ask yourself how you can stop debt collection, and put an end to this relentless cycle of pressure and apprehension.
The good news is that you have options and rights that can regain control over your financial life and achieve some much-needed peace of mind.
By taking informed steps, you can effectively stop debt collection. Additionally, you can get a better understanding of the laws that protect you by seeking legal advice from a debt collector harassment lawyer.
The Importance of Knowing Your Rights and Options
It’s easy to feel trapped or powerless when faced with relentless pressure. Federal and state laws, like the Fair Debt Collection Practices Act (FDCPA), provide you with a set of protections designed to prevent harassment and misconduct from debt collectors.
These laws offer a framework for what is and what isn’t allowed when debt collectors are bothering you.
The FDCPA grants you specific rights that you can invoke to regain some control over the situation.
Understanding your rights doesn’t just arm you with the facts; it can also give you the confidence needed to defend yourself, whether that means disputing a debt, negotiating a payment plan, or seeking legal remedies.
What Are Some Ways to Stop Debt Collection?
Using a Cease and Desist Letter
Receiving constant communication from debt collectors is disruptive and emotionally draining. You can regain control of your life by sending a cease and desist letter to the collection agency.
You can use this written request to tell the debt collector to stop contacting you by electronic means.
Upon receipt of a cease-and-desist letter, the debt collector must stop calling you. Keep in mind that this action doesn’t make the debt go away, it simply stops the calls and texts.
Requesting to Validate the Debt
If you’re unsure about the legitimacy of the debt or the amount claimed, you may dispute the debt.
You send this formal letter to the collection agency asking for evidence to truthfully prove you owe the debt they claim you owe. Your request can include copies of any checks used as payment and a copy of any signed documents.
The agency then has a window of time, generally 30 days, to provide you with the requested information.
Until they do so, they can’t continue their collection efforts. This not only buys you time but can also protect you from paying a debt that you don’t legitimately owe.
Negotiate a Settlement
Sometimes the amount of debt you’ve accumulated may be too large to pay off in one lump sum, but small enough that bankruptcy feels like an excessive step.
You can negotiate a settlement with your debt collector. A settlement is an agreement where you pay less than the full amount owed.
You could do this in a lump sum or over a series of payments. But remember, not all collectors will settle.
You will need to get any debt relief settlement agreement in writing. Protect yourself by consulting a debt collection defense lawyer before agreeing to anything.
Filing for Bankruptcy
As a last resort, filing for bankruptcy can stop debt collection activities. Bankruptcy halts collection actions due to an automatic stay, which is a legal provision that temporarily stops creditors from pursuing debts.
While bankruptcy can offer a fresh financial start, it comes with significant drawbacks, including a major hit to your credit score and potential loss of assets.
Consider this option carefully and seek the advice of an attorney who helps people get debt relief by filing for bankruptcy.
The rules governing debt collection are not simple. Collection laws are not always easy to understand, and they can vary depending on a range of factors like your location, the type of debt, and the collector’s conduct.
Interpreting them on your own can be a risky endeavor. If you’re grappling with persistent collection activities, seeking advice from a qualified debt harassment lawyer isn’t just a smart move, it’s an advisable one.
An attorney can sift through the specifics of your case, help you understand what your options are, and explore potential compensation for harassment.
3 Common Debt Collection Pitfalls to Avoid
Making hasty decisions can turn an already stressful situation into a financial catastrophe. The following are some common pitfalls you should be aware of.
- Paying without validating the debt. Some people don’t want to deal with the frustration, hassle, or embarrassment and hastily make arrangements to pay the debt to get the collection efforts to stop, especially from a persistent or abusive debt collector.
However, paying without first asking for validation can cost you. As mentioned previously, you might not owe the debt. Cases of identity theft or simple administrative errors can result in wrongful debt claims.
Second, the creditor may claim an inaccurate amount or include fees that the law does not permit. Always request to validate or dispute the amount owed before making any payments.
- Ignoring legal documents. Receiving legal documents like a notice of a lawsuit or court summons strikes fear in people. An attorney must review any court documents. Never ignore them.
Failure to respond usually leads to a default judgment against you, which could result in wage garnishment or asset seizure.
Always consult with a lawyer who concentrates on debt defense litigation for advice tailored to your specific situation when you receive any legal documents pertaining to your debts.
- Sharing personal information. Debt collectors are often skilled at extracting information under the guise of helping and trying to resolve the issue.
Be very cautious about sharing any personal or financial information over the phone or through correspondence because there are things you should not say to a collection agency.
If you tell a harassing debt collector where you work, they will sometimes use this information to call your place of employment and shame you into paying.
Disclosing information like your bank account number to an unknown person can expose you to identity theft risks.
By knowing these common pitfalls, you can arm yourself with the knowledge to make more informed decisions and avoid further complicating an already challenging situation.
The financial burden of debt is tough enough to deal with, but the added stress from aggressive debt collectors can make it feel insurmountable. However, you’re not without defenses and legal help.
While there are laws at both federal and state levels that protect consumers dealing with debt collectors, they are complex and constantly evolving. The best way to understand them is with the guidance of a qualified debt defense lawyer.
How Can You Report Debt Collection Violations?
What to Do if a Debt Collector Violates the Law
If a debt collector violates your rights, you may report them to various governmental bodies, like the Consumer Financial Protection Bureau (CFPB) and your state’s Attorney General’s office. You may also take legal action against the debt collector.
Understanding your legal protections and rights puts you on a stronger footing when dealing with debt collectors. When in doubt, consult a legal professional who can provide tailored guidance based on your specific case.
Why Hiring a Debt Harassment Attorney is Beneficial
The Benefits of Professional Negotiation and Representation
Never handle rude and aggressive debt collectors on your own. Get a lawyer’s help when trying to stop debt collection.
Negotiation skills. Debt harassment attorneys have the negotiation skills needed to work out a payment plan or settlement that you might not achieve on your own.
They understand the legal limitations of what debt collectors can and cannot do, putting you in a stronger bargaining position.
Understanding of the law. Debt dispute lawyers are well-versed in debt collection laws, including the Fair Debt Collection Practices Act (FDCPA) and relevant state laws.
They can quickly identify if a debt collector is harassing you and can take appropriate action, such as filing a lawsuit on your behalf.
Peace of mind. Having someone represent you can take a lot of stress off your shoulders. You’ll have the assurance that someone knowledgeable is taking the right steps to resolve the issue, allowing you to focus on other aspects of your life.
Possible financial savings. While there are costs associated with hiring a legal professional, the financial benefits could outweigh these costs. Whether it’s avoiding a default judgment or negotiating a favorable settlement, professional assistance will often save you money in the long run.
Contact a Debt Collector Harassment Lawyer
If you’re wrestling with the stress and harassment of a debt collection company, the right time to seek professional help is now.
But not just any legal advice will do. You’ll want to consult with a lawyer who has a focus on debt defense and has a history of successful outcomes in cases similar to yours.
Do not allow debt collector harassment to remain unaddressed. Reach out to a reputable national attorney experienced at protecting consumers and recovering compensation from debt collectors who break the law.
Call the Kazerouni Law Group today at 800-400-6808 or get in touch with a consumer protection lawyer online to find out how we can help you today.