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Questions about Creditor Harassment

More about Creditor Harassment

How many times a day can a creditor call you before it becomes harassment?

Under the Fair Debt Collection Practices Act (FDCPA), there's no specific limit to the number of times a creditor can call you daily. However, the act prohibits behavior that is harassing, oppressive, or abusive. Frequent or repeated calls intended to annoy, abuse, or harass someone at their home or workplace could be considered harassment. The context and frequency of the calls are important. If you feel you are being harassed, you may consider speaking with an attorney or filing a complaint with the Consumer Financial Protection Bureau. Also, if you have bankruptcy, creditors may never again call once they receive notice of the bankruptcy.

What is creditor harassment?

Creditor harassment refers to repeated and aggressive tactics used by creditors or debt collectors to pressure individuals into paying debts. Under the FDCPA, such behaviors might include excessively frequent calls, threats of violence or legal action that is not permitted, using obscene language, publicizing your debts, or calling at unreasonable hours (before 8 a.m. or after 9 p.m.). The intent is to stop behaviors that are abusive, deceptive, or unfair in debt collection. If you believe you're experiencing creditor harassment, consider consulting with a legal professional for advice.

How can I stop creditor harassment?

Send a written request to the creditor or collection agency asking them to stop contacting you. Under the FDCPA, they must cease communication after receiving this notice, except to confirm there will be no further contact or to notify you of specific actions, like filing a lawsuit. Keep records of all communications and any instances of harassment. Consider talking to a bankruptcy attorney. Filing for bankruptcy initiates an automatic stay, which stops most creditors from contacting you. Report the harassment to the Consumer Financial Protection Bureau or your state's attorney general's office. You can always talk to a consumer law or bankruptcy attorney to help you protect your rights under the FDCPA.

How to stop creditor harassment calls?

Send a written request to the creditor or collection agency asking them to stop contacting you. Under the FDCPA, they must cease communication after receiving this notice, except to confirm there will be no further contact or to notify you of specific actions, like filing a lawsuit. Keep records of all communications and any instances of harassment. Consider talking to a bankruptcy attorney. Filing for bankruptcy initiates an automatic stay, which stops most creditors from contacting you. Report the harassment to the Consumer Financial Protection Bureau or your state's attorney general's office. You can always talk to a consumer law or bankruptcy attorney to help you protect your rights under the FDCPA.

Who do you report creditor harassment to?

If you are being harassed, call a lawyer to discuss potential legal remedies. The law provides for payment of attorneys fees, so you won't pay out of pocket.Consumer Financial Protection Bureau (CFPB): File a complaint online or by phone.Federal Trade Commission (FTC): Report online or call their complaint hotline. Your state's attorney general's office: Many states have specific laws about debt collection practices. The original creditor (if a collection agency is involved): Sometimes informing the original creditor of the collection agency's practices can resolve the issue.

How to fight creditor and collector harassment?

If you are being harassed, call a lawyer to discuss potential legal remedies. The law provides for payment of attorneys fees, so you won't pay out of pocket.Consumer Financial Protection Bureau (CFPB): File a complaint online or by phone.Federal Trade Commission (FTC): Report online or call their complaint hotline. Your state's attorney general's office: Many states have specific laws about debt collection practices. The original creditor (if a collection agency is involved): Sometimes informing the original creditor of the collection agency's practices can resolve the issue.

How much money should I ask for creditor harassment?

Under the Fair Debt Collection Practices Act (FDCPA), you can recover:Statutory damages: Up to $1,000 per lawsuit, not per violation.Actual damages: Unlimited amount for any physical, emotional, or financial harm suffered due to a violation.Attorney's fees and court costs: The debtor can recover these expenses, which encourages individuals to seek legal action without the burden of high costs. Punitive damages: Rare, and only awarded in extreme cases where the court finds the creditor's conduct particularly egregious.