If you are the victim of collection agency harassment, you do not have to sit idly by accepting whatever they dish out. You have certain rights, and you should certainly exercise them if you are being encroached upon in an overly aggressive manner. The Fair Debt Collection Practices Act went into effect in 1977, and it spells out very specific guidelines that debt collectors are legally compelled to abide by. You should certainly understand all the provisions so that you can assert your rights if they are being violated.
FDCPA Guidelines
The collectors are not allowed to call you whenever they feel like doing so. Generally speaking, they cannot legally contact you before eight a.m. or after nine p.m., but there can be other provisions. For example, if you work the graveyard shift, they may be out of compliance if they contact you during the daytime. They also must refrain from repetitive calls that are nothing than intentional acts of harassment.
Creditors are not allowed to call you at your place of employment if they have been made aware of the fact that you are not permitted to receive calls while you are on the clock. They are also prohibited from contacting you directly if you have obtained legal counsel, and this is one of the many benefits that you would gain if you were to retain a bankruptcy attorney to help you manage your debt. The collectors are not allowed to threaten you in any way, and they are violating the law if they utilize profane language during their interactions with you.
Plus, we should point out the fact that you can make a creditor stop calling if you send them a cease-and-desist letter. If they continue to try to communicate with you after you have sent this notice, they are violating the FDCPA. We represent clients who have been victims of collector harassment, and you can recoup damages and receive as much as $1000 in statutory damages if you file a lawsuit. The guilty party would be required to pay your legal expenses as well.
You should certainly sit down and have a meaningful conversation with a licensed bankruptcy attorney if you are experiencing financial difficulties. We have assisted thousands of families over the last few decades, and we would be more than glad to add you to the list. Our firm has offices in virtually every metropolitan area in the state of Oregon, and we also have locations in Vancouver, Tri-Cities, and Tacoma, Washington. If you would like to schedule a free case evaluation, fill out the contact form on this website and we will get back in touch with you to arrange the consultation.