How to Handle Harassing Creditors
A San Francisco bankruptcy attorney addresses how to handle harassing creditors
Almost everyone who is behind on credit card payments knows how annoying the calls from creditors demanding payments can be. However, not everyone knows that it is possible to make these calls stop, and in certain circumstances, actually sue the creditor for violating the law if the contact continues. Harassing creditors are annoying and difficult to deal with. The following tips will help an individual deal with harassing creditors and hopefully find some peace and quiet.
When you are first contacted by a collector try to get as much information about the debt as possible. Often mistakes are made about who actually owes a debt so you want to make sure the debt is yours. If you cannot work out a resolution regarding the debt and wish for the debt collector to stop making contact with you, send them a letter stating you wish all contact regarding the debt to stop. Make a copy of the letter and sent it certified mail with a return receipt to have proof the letter was sent and received. Upon receipt of the letter the harassing creditor is not allowed to contact you anymore.
While sending the letter does require that the harassing creditor stop contacting you, it does not mean that the debt is extinguished. The collector may still file a lawsuit and collect on any judgment entered against you. Debt collectors are also not allowed to use threats of violence or arrest to try and coerce you into making payments. Harassing creditors are also not allowed to make false statements or threaten legal action without actually intending to carry out with the statement.
If harassing creditors are still contacting you after sending a letter requesting them to stop, or they are making threats or otherwise violating the law, it is possible to sue the creditor and receive money damages. Have a lawyer review your case in order to determine whether a lawsuit can be filed. In addition, harassing creditors should be reported to the Federal Trade Commission.
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