Through personal experiences or stories passed along by family and friends, most of us are familiar with the bizarre, harassing or even intimidating behavior some creditors resort to when attempting to collect on a debt. Yet, despite the widespread use of shady tactics in the debt collection field, many consumers are not aware of the protections against abusive debt collection practices they are guaranteed in law.
If you are wondering how to respond to aggressive debt collectors, you are not alone. A basic understanding of your rights, along with advice from a Highland debt relief attorney, can help prevent debt collectors from testing the limits of your patience.
Fair Debt Collection Practices Act Offers Broad Protections
Midnight phone calls. Deceptive statements. Harsh language. All mainstays of the debt collectors' tool chest, right?
Wrong. The Federal Trade Commission is in charge of enforcing the Fair Debt Collection Practices Act, a powerful consumer protection statute. The FDCPA prohibits debt collectors from making false statements or using profane language. It bars them from calling before 8 a.m. or after 9 p.m. And, under the FDCPA, once a consumer asks in writing not to be contacted further, a debt collector must respect his or her wishes.
These are just a smattering of the abusive practices that are forbidden by the FDCPA. As a general rule, if a debt collection tactic strikes you as unfair, there is a good chance you may have a FDCPA remedy.
An Indiana Bankruptcy Attorney Can Help You Address Debt Concerns Head-on
Putting a stop to harassing creditors is only the first step in resolving your underlying financial concerns. While the FDCPA is a sturdy shield, and even empowers you to sue creditors for monetary damages arising out of illegal collection practices, it does not eliminate the underlying debt; creditors can still initiate a lawsuit against you in order to obtain the funds they are owed.
A bankruptcy filing under Chapter 7 or Chapter 13 of the bankruptcy code can be a more lasting solution to debt issues. Simply filing a bankruptcy petition automatically forces all creditors to break off contact with you. Perhaps even more importantly, bankruptcy can help you discharge or restructure your existing debt load, allowing you to get your financial life back on track.
Do not let aggressive debt collectors or financial worries rule your life. Talk to a qualified attorney today to find out if bankruptcy may be the solution you have been looking for.
