Stopping Creditor Harassment During Bankruptcy in Dallas

In such a contact, they must state their name and the fact that they are trying to locate you. They cannot identify their employer, the debt collector, or state that you owe a debt. They also may not reach out to that third party more than once, and they may not communicate via postcard.

Once a debt collector knows that you are represented by an attorney, they must correspond with the attorney instead of you or a third party. To prevent creditor harassment of yourself and third parties, it is best to work with a debtor defense attorney.

Communicates With You in a Harassing or Abusive Manner

Debt collectors may not engage in creditor harassment. They must treat you with respect and abide by state and federal laws. If they communicate with you in a way that is harassment, oppressive, or abusive, then they may be held legally liable for their actions.

Harassment may include calling you repeatedly or placing telephone calls to you without identifying themselves as a debt collector. It may also include listing your debt for sale to the public or identifying you as a debtor to others. Abusive actions may include using obscene or profane language or threatening to harm you or someone else. If a debt collector threatens to use violence, they are violating creditor harassment laws and possible criminal codes.

Using False or Misleading Representation When Communicating With You

Debt collectors must be very transparent about their purpose when they call you and send you correspondence. They cannot claim to be government authorities or the police. They also may not represent themselves as an attorney if they are not. If they falsely represent themselves in any way, they may be legally liable for their actions.

Creditors must be honest about how much you owe and the amount the collection agency will receive. If a creditor calls you and you ask questions, they must be honest. They cannot threaten to take action against you that cannot legally be taken, such as repossession or wage garnishment. Although these actions may be available to them, if they are not, they cannot make such a threat.

Using Unfair Practices When Collecting Your Debt

Creditor harassment may also include the use of unfair practices in collecting your debt. Creditors must be honest and abide by the terms of any agreements that you make with them. For example, if you give them a postdated check, they cannot deposit it prior to the date on the check. They also may not charge you interest fees, late charges, and other costs that are not authorized in your original agreement or contract. Creditors may not cause you to incur communications charges or charge you call fees.

Communications Must Be Discreet

When creditors call you or send you mail, they must be discreet in communicating with you. They cannot tell third parties that you are a debtor, and they cannot identify their company to the third party. When sending you mail, they cannot use words or symbols on the outside of the envelope that indicate they are trying to collect a debt.

If you are facing creditor harassment, you have rights. Contact a bankruptcy attorney who will stand up for you and walk you through the debt management process.