Creditor Harassment

Stockton Creditor Harassment Lawyers

Assisting Clients With Creditor Harassment Matters in California

Unfortunately, when you fall behind on your monthly financial obligations, such as to credit card companies, you may eventually become subject to creditor harassment. This type of harassment can occur in many ways and become outright abusive and illegal. This is especially true of collection agencies trying to collect on a debt they have bought from an original creditor. In California, debtors are protected by the California Fair Debt Collection Practices Act (CFDCPA) as well as the federal law called the Fair Debt Collection Practices Act. However, many agencies fail to abide by these laws and enforcing them can be a challenge.

If you have become the victim of persistent and abusive violations of these laws, you are probably continually stressed. You need a way to put an end to this type of harassment through legal means and once and for all. At the Law Office of John Kyle & Gregory Smith, we understand how pervasive and upsetting creditor harassment can be. Fortunately, one of the most effective ways of fighting back is through the court advantage you can obtain in a bankruptcy filing. As a firm that focuses entirely on debt relief and bankruptcy, our competent team can help you totally and finally stop the humiliation and intimidation of all forms of creditor harassment.

How to End Credit Harassment

The most effective way to end creditor harassment is through a Chapter 7 or Chapter 13 bankruptcy filing. Once you file with the bankruptcy court, it will issue an “automatic stay.” This is a court order that prohibits your creditors from making any further attempts to extract payment from you, whether by phone, text, email, or letter. These creditors are prohibited from filing lawsuits against you, attempting to garnish your wages, repossess your vehicle, or foreclose on your home. You are under the protection of the bankruptcy court. Once the automatic stay goes into effect, your creditors can only deal with the court. The automatic stay gives you the reprieve you need to get your financial scene in order under the supervision of the court.

Arrange for a free, initial consultation with a Stockton creditor harassment attorney via our online request form or by calling us at (209) 243-7560.

Various Types of Creditor Harassment

Below are some of the ways in which creditor harassment can be used against you. These are in violation of state and federal laws.

What is Considered Creditor Harassment

Calling you before 8 a.m. or after 9 p.m.
Calling you at work after you have requested them to stop
Calling you repeatedly within a short time period, such as over and over within a 30-minute timeframe
Contacting your relatives, neighbors, or colleagues to discuss your debt
Using abusive, profane, or threatening language
Threatening you with arrest or with a lawsuit that they have no intention of pursuing
Giving you false information about who they are, failing to identify themselves, or hiding where they are from
Misrepresenting why they are contacting you

While you can sue a creditor or collection agency that violates state or federal law, it is often difficult to do so. However, you have that right and, if you prevail, you may be entitled to damages, court costs, and legal fees.

Can a Creditor Contact Your Family or Employer About Your Debt?

Creditors in California are subject to strict regulations regarding their ability to contact third parties, such as family members, friends, or employers, regarding a person's debt.

Creditors are generally prohibited from discussing a person's debt with anyone other than the debtor, their spouse (if applicable), their attorney, or a co-signer on the debt. This means that creditors cannot contact a debtor's family members, friends, or employers to discuss the debt unless the debtor has given explicit permission or unless the communication is permitted by law.

However, there are some exceptions to this rule. Creditors may contact third parties to obtain contact information for the debtor, but they are generally prohibited from discussing the debt with these individuals. Additionally, creditors may contact a debtor's employer, but only to verify employment or to obtain information necessary to enforce a judgment. Even in these cases, creditors must exercise discretion and avoid disclosing sensitive information about the debt.

Moreover, creditors are not allowed to harass or intimidate third parties in an attempt to collect a debt. Any communication with third parties must be conducted in a professional and respectful manner, and creditors are prohibited from disclosing the nature of their business unless specifically requested.

How Our Creditor Harassment Attorney Can Help You

Here’s how we can help:

Comprehensive Legal Assessment: We begin by thoroughly reviewing your situation, including all communications from creditors and collection agencies. By understanding the full scope of the harassment, we can develop a tailored strategy to address your specific needs.
Assertive Legal Action: We are skilled in taking assertive legal action against creditors who violate your rights. This can include filing complaints with regulatory agencies, like the Consumer Financial Protection Bureau (CFPB), and pursuing litigation if necessary. We aim to stop the harassment and hold violators accountable.
Cease and Desist Letters: One of the immediate steps we take is sending cease and desist letters to your creditors. These letters demand an end to all harassing communications and assert your rights under the FDCPA. If the harassment continues, we will escalate the matter to ensure compliance.
Negotiation and Settlement: In many instances, we can negotiate with creditors on your behalf to settle your debts under more favorable terms. This can include reducing the amount owed, setting up manageable payment plans, or eliminating unauthorized fees. Our goal is to provide you with financial relief and peace of mind.
Legal Representation in Court: If a creditor sues you or if we need to take legal action against a particularly aggressive creditor, we will represent you in court. We will create a strong case to defend your rights and seek compensation for any damages you’ve suffered due to the harassment.
Ongoing Support and Advice: Throughout the process, we deliver ongoing support and legal advice to help you navigate your financial challenges. We are committed to being your advocate and ensuring that your rights are well protected at every step.
Education and Empowerment: We believe in empowering our clients through education. We will inform you about your rights under the FDCPA and other relevant laws, helping you recognize and respond effectively to creditor harassment.

Contact Our Creditor Harassment Attorney in Stockton Today

If you are suffering from obnoxious creditor harassment, you can do something about it. We advise you to consult with one of our experienced attorneys about the particulars of your situation. Let us evaluate your circumstances to help you come up with a plan that will resolve your debt overload, bill collector harassment, and the stress of insolvency. Our team of creditor lawyers has 30+ years of helping Stockton individuals and families turn their financial lives around and move forward with a clean slate.

Book your free consultation with our Stockton creditor harassment lawyer online or at (209) 243-7560 today.

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