Miami Creditor Harassment Lawyer
Florida Creditor Harassment Attorney Helping Clients in Miami
If you are being harassed by a creditor or a third-party debt collector, you should know that you have rights under federal law. The Fair Debt Collection Practices Act (FDCPA) prohibits creditors and debt collectors from harassing debtors, as well as from making fraudulent statements or threats when attempting to collect on a debt. Many consumers in Miami face harassment from creditors for debts they do not owe. Yet even if you legitimately owe a debt for which a creditor is contacting you, the creditor or debt collector is not allowed to harass you in order to recoup a debt. And once you file for bankruptcy, the U.S. Bankruptcy Code’s automatic stay prohibits creditors from continuing to collect on debts you owe.
An experienced Miami credit harassment lawyer can help with your case.
How the Bankruptcy Automatic Stay Protects Your from Debt Collection Attempts By Creditors in the Miami Area
Are you being harassed by a creditor even though you already filed for Chapter 7 bankruptcy or Chapter 13 bankruptcy? You should know that the U.S. Bankruptcy Code prohibits such actions from creditors. The automatic stay puts a hold on any debt collection attempts.
Specifically, the U.S. Bankruptcy Code clarifies that the filing of a bankruptcy petition operates as a stay on “any act to collect, assess, or recover a claim against the debtor” that arose prior to the bankruptcy petition being filed.
Debt Collection Harassment and Prohibitions Under the FDCPA in Miami
Whether you are thinking about filing for bankruptcy or planning to pay off your debts without the help of Chapter 7 or Chapter 13 bankruptcy, the FDCPA prohibits creditors and other debt collectors from harassing you. To be clear, even if you owe significant debts that you have stopped making payments on, it is still unlawful to harass you. The following are some examples of unlawful harassment under the FDCPA:
- Repeatedly calling you in order to annoy or harass you;
- Calling very early in the morning or late at night;
- Calling you at your place of work despite your requests to stop;
- Using obscene language on the phone with you;
- Threatening to harm you or to use violence;
- Threatening to have you arrested for the failure to pay a debt;
- Threatening to publish a public list with your name on it as a delinquent debtor; and
- Calling you and refusing to provide identifying information.
Contact an Aggressive Miami Creditor Harassment Lawyer Today
Are you being harassed by creditors or debt collectors? There are laws in place to protect you from this type of harassment. As we emphasized above, if you have filed for bankruptcy protection, the U.S. Bankruptcy Code’s automatic stay prohibits collectors from contacting you in any capacity for the purposes of collecting on a debt. And even if you have not filed for bankruptcy, the FDCPA prohibits harassment and unfair debt collection practices by creditors.
An aggressive Miami creditor harassment attorney can get started on your case today. Contact Nowack & Olson, PLLC to get started on your claim.
