Stop Creditor Harassment In Durham, North Carolina
Last updated on September 30, 2024
The burden of debt can be overwhelming, compounded by relentless creditor harassment. The constant phone calls, threatening letters and looming lawsuits create a climate of stress and anxiety for those already struggling to make ends meet.
The legal team at Wootton & Wootton understands how stressful it is for people to experience relentless creditor harassment. With a wealth of experience in bankruptcy law, our law firm can help clients in Durham and Henderson reclaim control over their finances. Led by compassionate attorneys, we understand the emotional toll of financial hardship and strive to provide support and guidance every step of the way.
What Is An Automatic Stay?
The automatic stay is a legal order that goes into place once bankruptcy is filed, and it offers a swift respite from relentless creditor harassment. This provision provides an immediate and powerful benefit for those filing for bankruptcy. It shields consumers who are suffering from unmanageable debt from continuous phone calls, threatening letters and intimidating lawsuits that complicate a difficult time. Freed from the constant pressure of creditor harassment, you can redirect your focus to regaining control over your life and household budget.
Another Powerful Law Placing Limits On Debt Collectors
Creditor harassment is so pervasive that many people feel threatened by these debt collection agencies. In fact, one study found that of people who had been contacted regarding outstanding debts, 27% felt harassed, reports the Consumerist. Many of the people surveyed also reported feeling threatened by the volume of calls they received. In fact, 17% reported being contacted by a creditor more than seven times in one week.
Even if you didn’t file for bankruptcy and therefore could not take advantage of the automatic stay, you still have protections under a federal law called the Fair Debt Collection Practices Act (FDCPA), which lays out certain rules that debt collectors must follow.
Debt collectors are limited as to the times of day that they can contact people. They are also prohibited from certain behaviors, such as threatening people and implying that they have the authority to take legal action against a debtor.
Make Your Demands More Effective By Putting Them In Writing
As mentioned above, bill collectors are required to adhere to certain federal requirements set forth in the Fair Debt Collection Practices Act. However, many ignore these restrictions, and their communications can become harassing to those on the receiving end.
The Consumer Financial Protection Bureau advises that those who wish to put a stop to harassing communications from debt collectors should put their demands in writing. Consumers who send such a letter should keep a copy and proof that it was sent.
The National Consumer Law Center recommends including a few things in any cease harassment letter. The letter should:
- Explicitly state that it is a request for the collector to stop all communications
- Identify the account or accounts in question
- Discuss why payment cannot or should not be made
- Provide any examples of harassment by the collection agency up to that point
After receiving a cease harassment letter, the debt collector can only make contact to advise that it will be filing a lawsuit against the debtor or to confirm that it will no longer attempt to contact that person.
If your debt collectors continue to harass you after you have provided clear instructions to stop, you may be able to hold them legally liable for violating your rights under the FDCPA. This would typically involve suing the debt collector in state court.
Filing Bankruptcy Is A Positive Approach To Solving Unmanageable Debt
Bankruptcy is an often misunderstood solution to overwhelming debt. In reality, bankruptcy is a positive process for regaining control over your finances and life. It offers an opportunity to smoothly eliminate most forms of unsecured debt in Chapter 7 or to restructure debt in Chapter 13, with the end result gaining what is commonly referred to as a fresh start.
With the guidance of our experienced bankruptcy attorneys, you can confidently understand and navigate the legal system, and know that relief from debt is within reach, with the end of creditor harassment as the very first step.
Reach Out To Our Bankruptcy Lawyers To Learn How We Can Help You To Stop Creditor Harassment
With the support of our legal professionals, you can emerge from the shadows of debt and harassment. Consultations are available in person, through the phone or through video conferencing. Our attorneys help people through the Durham and Henderson areas become debt-free. Call 919-794-8660 or email today for a free initial consultation.
Wootton & Wootton is a debt relief agency. We help people file for bankruptcy under the Bankruptcy Code.