What to Do If a Creditor is Harassing You?

Posted on : May 26, 2017

When you have significant debts, it can feel overwhelming and confusing at the same time. Unfortunately, many creditors take this opportunity to harass debtors as soon as a payment is missed. This adds further stress to what is already a challenging financial situation. Filing for bankruptcy in Florida, however, can help to stop this creditor harassment.

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You need to provide an attorney who is dedicated to representing your best interests over the course of your case. A clean slate bankruptcy can allow you to get a fresh start and to stop creditor harassment. Creditors will often contact you for a debt after you have fallen behind on a few payments. A creditor is a collection agency or their internal collections department. Florida and federal laws, however, protect you from harassing and abusive collection attempt. The fair debt collection practices act outlines what debt collectors cannot do to an individual who owes them money. This prohibits individuals who are attempting to collect the debt from:

  • Communicating with your family so often that it may be constituted as abuse.
  • Communicating or threatening to communicate with your employer without your express permission to do so.
  • Pretending to be a government agent or law enforcement officer.
  • Contacting you between 9pm and 8am.

Creditors can take other steps in order to get you to pay such as filing a lawsuit against you and receiving a wage garnishment. In the event that you wish to stop creditor harassment altogether, filing for bankruptcy in Orlando may be your best option. Chapter 7 bankruptcy allows you to have an automatic stay put on the majority of your collection attempts. This can last for several months. It is important to consult with an experienced attorney if you find yourself in this position so that you understand your rights and responsibilities going forward should you choose to file bankruptcy.

Don’t wait to get help if you find yourself facing increasing harassment. Often creditors will cross the line, counting on the fact that you are not familiar with your rights. Too much is on the line for your future when you are considering bankruptcy- make sure you take action to talk to a lawyer sooner rather than later.