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Creditor harassment can be frightening. Debt collectors and creditors can become very aggressive when they are demanding payment for a debt. However, there is a limit as to what a creditor or debt collector can do. Our Wareham bankruptcy lawyer discusses debt collector harassment and what you can do to stop creditor harassment in Massachusetts.
The Fair Debt Collection Practices Act (FDCPA): Your Primary Defense Against Harassment
The Fair Debt Collection Practices Act (FDCPA) protects consumers from harassment by creditors. The federal law regulates what debt collectors can do to collect a debt. The FDCPA only applies to the collection of personal debts. The FDCPA generally prohibits debt collectors from engaging in practices that oppress, harass, or abuse consumers.
Massachusetts Laws on Debt Collection: Legal Protective Measures
Massachusetts also has laws that protect consumers from unreasonable, deceptive, or unfair debt collection practices. The state laws are similar to federal laws but go a few steps further. For example, Massachusetts debt collection laws prohibit a debt collector from calling you at home more than two times for a debt in any 7-day period.
Examples of Illegal Debt Collection Practices: Know Your Rights
The law prohibits debt collectors from taking specific actions. Actions that debt collectors are prohibited from taking include, but are not limited to:
- Contact you at unreasonable times (before 8:00 am or after 9:00 pm)
- Call repeatedly
- Claim you owe more than you do
- Use threats of violence
- Calling you without identifying they are a bill collector
- Sending you documents designed to look like court papers or legal documents
- Claiming to be an attorney when they are not
- Contacting you at your place of employment if your employer prohibits the contact
- Claiming that you will go to jail
- Telling you there is a lien on your property when there is not
- Using profane or obscene language
- Telling you a lawsuit is filed when it is not
Debt collectors who violate the law face penalties. Consumers may also have a civil remedy.
Addressing Debt Collector Harassment: Practical Steps to Take
A debt collector must stop contacting you if you tell them to do so. You should write a letter to the debt collector informing them to stop all communication with you. The debtor collector may contact you to tell you there will be no further contact and that the creditor may take other actions to collect the debt.
It is important to remember that telling the debt collector to stop calling does not eliminate the debt. Furthermore, the debt collector can continue other collection actions, such as filing a debt collection lawsuit.
Keep records of all contact with a debt collector. If the collector calls you after you tell them to stop or violate the law, contact an attorney to discuss suing the debt collector.
Benefits of Hiring a Bankruptcy Attorney in Massachusetts
When you hire a bankruptcy attorney in Massachusetts, the attorney deals with your creditors and debt collectors. You must inform them that you hired a lawyer and ask them to contact your lawyer. After that, your creditors and debt collectors should deal only with your attorney. You may continue to receive statements stating what you owe for informational purposes.
A bankruptcy attorney will advise you of your rights regarding debt collection. They also help you explore ways to get rid of your debts, including Chapter 7 bankruptcy, Chapter 13 bankruptcy, debt settlement, and other forms of debt relief.
Connect With a Trusted Massachusetts Bankruptcy Attorney
Are you being harassed by a debt collector in Massachusetts? Contact Logan A. Weinkauf, P.C., to schedule a consultation with our Massachusetts bankruptcy lawyer to discuss options for getting rid of your debts and handling debt collectors.