Creditors can be stopped!!!
Everybody gets into a tough financial situation at one time or another and has trouble paying their debts. But that doesn’t mean that a creditor or debt collector can legally harass you or bully you into paying a debt. When this occurs, you can get even.
First of all, as is described through out this website, you can file a bankruptcy (Chapter 7 or Chapter 13) to immediately stop the creditor from harassing you or trying to collect a debt. You can also use bankruptcy to discharge the debt (Chapter 7) or to set up a court imposed repayment plan (Chapter 13).
In addition to bankruptcy, when a debt collector harasses you, you can get even by suing the debt collector which would force them to pay you at least $1,000 PLUS your attorney fees for filing the lawsuit.
In 1977 Congress enacted the Fair Debt Collection Practices Act (“FDCPA”) – a federal law designed to protect you from unfair and abusive debt collection practices. This means that a collection agency cannot legally:
- Call you before 8:00 a.m. or after 9:00 p.m. (or at other inconvenient hours if you notify them of these times)
- Communicate with you after you send them written notice to stop contacting you
- Call you over and over intending to annoy, abuse or harass you
- Call you at work if you tell them that it is unacceptable to do so
- Call you if you are represented by an attorney
- Use deceptive means, including by claiming the person calling you is an attorney or law enforcement officer (if they are not) or claiming that they are going to sue you (if they have not been authorized to do so)
- Publish your name or address on a “bad debt” list (or even threaten to do so)
- Attempt to collect amounts that are not permitted based on the applicable law
- Threaten to arrest you or take legal action against you that is either not permitted or not actually contemplated
- Use abusive language or profanity when communicating with you
- Communicate with or discuss your debts with third parties (other than your spouse or attorney)
- Contact you by embarrassing media such a via a post card
- Use any language or symbol, other than the debt collector’s address on an envelope that is sent to you. (A debt collector may use its business name if the name does not indicate that the company is in the collection business)
- Report false information on your credit report or threaten to do so
If a debt collector violates any of these provisions, you can sue the debt collector in federal court for $1,000 (or your actual damages), plus have the debt collector reimburse you for your attorney fees to do so — even if you owe the debt.
So, if you live in the Metro Detroit Area and want to get even with the debt collectors who are harassing you night and day, please Call Us Today At 248-417-9800 or contact us online to set up an appointment for a FREE, no obligation, confidential consultation to discuss your financial situation, and to get the process started by crafting a plan that reflects your specific financial goals.
Waiting is not going to make the problem go away — it will just make it worse! That’s why we urge you to call us RIGHT NOW — so that you can get avoid the garnishment and, instead, get the “fresh start” that you deserve — as soon as possible. Our phone lines are available 24 hours a day, so CALL US NOW at 248-417-9800. We look forward to hearing from you!
