At Long & Long, we provide comprehensive debt relief services to individuals and businesses throughout the Denver metro area. For many people with financial hardship, dealing with creditors can become more than just a nuisance. When a creditor’s behavior crosses the line into creditor harassment, we help our clients put an end to abuse and intimidation.
Filing for Bankruptcy Stops Creditor Harassment
At Long & Long PC, we help consumers and businesses get relief from debt by using protections afforded under bankruptcy law. As soon as a bankruptcy petition is filed, an “automatic stay” goes into effect. With an automatic stay, creditors are no longer allowed to send harassing letters or make debt collection calls that threaten wage garnishment, repossession, foreclosure and other legal actions. If one or more of these legal actions has already been commenced, the creditor must stop proceeding in the action.
In many cases, clients can even refer creditors to our attorneys before filing for bankruptcy, which will stop direct calls and place collections on hold pending bankruptcy.
Once a debtor is under the protection of the Bankruptcy Court, he or she only has to deal with the court and the designated bankruptcy trustee, rather than with the creditors themselves. If a creditor continues to pursue collection efforts after being informed of the bankruptcy proceedings, the creditor may be liable for court sanctions as well as damages under the Fair Debt Collection Practices Act (FDCPA).
Stop Bill Collector Abuse
The FDCPA also prohibits collection agencies and bill collectors from using abusive, unfair, or deceptive practices in their collection efforts, such as:
Verbal abuse and intimidation, including threats and profane language.
Lying about the amount of money owed or the consequences for non-payment.
Calling on the phone repeatedly with the intent to harass, disturb, or annoy
Publishing a person’s name as someone who refuses to pay debts
Advertising the sale of a debt to coerce payment of the debt
In addition, the FDCPA prohibits collection agencies and bill collectors from contacting debtors at work if they are told that calls cannot be received at the workplace and from contacting debtors before 8:00 in the morning or after 9:00 at night without consent. In fact, bill collectors must stop contacting a person altogether if they told to do so. If a bill collector calls and you tell them to stop calling, they must cease calling or they could face penalties.
Stop the Creditor Harassment Today!
If you are behind on bills and debt payments, creditors are not above using intimidation and scare tactics to receive money from you. At Long & Long PC, we help our clients take advantage of the protections offered by federal bankruptcy laws to stop creditor harassment.
For more information, please contact us to schedule a free consultation. We can usually meet with you within 24 hours and have evening and Saturday appointments.