Stop Debt Collector Harassment

People frequently experience overwhelming tension when creditors call. The pressure increases every time the phone rings and the mail arrives. It frequently appears intolerable. The good news is that you can use legal means to stop creditor harassment.

You should be aware of your alternatives if you’ve had enough of the stress caused by creditor harassment and want to put an end to it. One of them is speaking with a lawyer. At Northwest Debt Defense Law Firm, we have a variety of legal strategies that we can offer.

For a long time, our skilled Portland debt defense attorney has offered legal services to those who have encountered or are now experiencing debt harassment. We can offer helpful legal advice on how to avoid being harassed by creditors. Contact us right away for a free debt analysis!

In these times, when loans are easily accessible through online consumer financing or other private lending companies, many people turn to buying their personal needs and wants by obtaining loans through the aforesaid manner. 

But these loans frequently end in unjust and abusive debt collection procedures that cause a great deal of hardship. This practice frequently leads to loss of income or employment, unstable relationships, health problems, personal bankruptcies, public humiliation, and invasions of privacy. 

When you negotiate with your debt collectors with our devoted debt defense attorney by your side, you will be on an equal footing with the people who are trying to harass you. You are unlikely to be familiar with the ins and outs of debt collection, and you might not be aware of your legal rights and protections concerning debt collectors. You can draw on the knowledge, insight, and expertise of our debt defense attorney and profit from them.

Additionally, if the debt collector has the legal authority to prosecute you for the debt and the claim against you is within the statute of limitations, you will need a strong defense strategy. Don’t worry, our experienced Oregon debt defense lawyer can assist you in identifying your potential defenses and advising you on which one to use. Contact us right now!

When a debt collector abuses, oppresses, or harasses a debtor, it is considered debt collection harassment. The practice of pestering debtors is forbidden under regulations governing debt collection. Government agencies execute these laws.

When a person is being harassed by a debt collector, they must keep track of all phone calls, including the date, time, and substance of each call. Additionally, you should keep records of any correspondence you receive from a debt collector via letter, email, or text.

If someone is receiving harassing collection calls from a debt collector, they should tell the collector to stop. They should also write a letter to the collection agency asking them to stop harassing them.

There are three ways for someone who is being harassed by a debt collector to stop the harassment. They can:

• File a complaint with the Consumer Finance Protection Bureau (CFPB).
• Get in touch with the state’s attorney general where the person resides.
• File a civil complaint under the Fair Debt Collection Practice Act (FDCPA) against the debt collector.

Fair Debt Collection Practice Act

The Federal Trade Commission (FTC) is responsible for enforcing the Fair Debt Collection Practice Act (FDCPA). It forbids debt collectors from using unfair, abusive, or deceptive tactics when trying to collect money from a debtor. The FDCPA defends people, but not businesses. The FDCPA’s rules prevent debt collectors from contacting someone before 8:00 AM or after 9:00 PM in their local time zone.

According to the FDCPA’s guidelines, a debt collector is not allowed to:

• making contact with someone at an inconvenient time or location, particularly in the early morning or late at night
• contacting someone at their place of employment without permission
• use violence or threats
• publishing the names of people who owe money
• contacting, bothering, or harassing the person repeatedly
• utilizing profane words
• refusing to give their identities
• claiming to be a lawyer or a member of the government
• arresting the person
• engaging in unfair practices; or
• revealing to third parties personal information about debtors.

Debt collectors are also forbidden from employing deceptive methods, such as:

• falsely presenting oneself as an attorney when one is not
• expressing a threat to have someone arrested; or
• misleading a person about how much debt they have.

Fair Credit Reporting Act

A federal debt collection law known as the Fair Credit Reporting Act (FCRA) protects against the disclosure of a person’s credit information to other parties. It outlines the requirements for reporting debt collection activity to the three credit bureaus (Equifax, Experian, and TransUnion.)

For instance, if a debt collector provides incorrect information to the credit bureaus on a debtor, they may be in violation of the FCRA. Instances where it is said that a debtor is seven months behind on payments when they’re actually just three months behind may fall under this category.

You can have a creditor that calls you excessively, uses vulgar or offensive language, makes violent threats, sends harassing text messages, or does other things.

Thankfully, you have legal actions to stop this harassment:

• Create a letter requesting for communications to stop

The first step is to request that the debt collector stop calling you in writing.  The FDCPA requires them to abide by your written request for no contact. In that case, you can file a complaint with the Federal Trade Commission.

Remember that a letter won’t make the debt magically disappear. You have to:

• Make debt repayments.
• Prepare to dispute the debt
• Get a debt discharge or payback plan by declaring bankruptcy.
• As debt collectors come, deal with them.

Keep in mind that your debt position could get worse the longer you wait. The debt collectors should stop contacting you, although they are still free to sue you for the debt or continue to report your debt to credit bureaus.

• Record all contacts and harassment

Make sure to record any illegal activity. Any behavior that violates the FDCPA must be immediately documented.

Keep a record of all harassment you receive from debt collectors. You might even want to think about having a witness present when speaking on the phone or in person with a debt collector.

• Report a complaint to the Federal Trade Commission

You can register a complaint with the FTC by reporting the company online if the debt collector keeps harassing you.

Include the following in your complaint:

• Name and location of the collection agency
• The original creditor’s name
• Times & dates for all communications
• Any witnesses’ names
• Copies of any other content (written communications, tapes of conversations, your debt collector harassment log, etc.)

• Make a complaint to the agency in Oregon

It’s a good idea to file a complaint with the state agency handling creditor harassment. Additionally, copies should be sent to both the collection company and the original creditor.

Sometimes, out of fear for their own liabilities, the debt collector will offer to forgive the debt in exchange for your dropping the claim. You could prevent the debt, the harassing communications would stop, and you could avoid possibly drawn-out Federal Trade Commission procedures, which would be a fantastic conclusion for you.

• Take into account suing the debt collection agency for harassment

Suing the debt collector is an additional choice. If you have a severe case of debt collector harassment, not only because the debt collector is irritating, you should only take this alternative into account. The court may order you to pay the debt collector’s court expenses and attorneys’ fees if you lose your case.

A “strict liability” law, the FDCPA, it means that you are therefore exempt from having to demonstrate any actual damages.

Even though the debt collector broke the law, your debt will still be legal.

The company may be exempt from liability if the debt collector can show that the violation was unintentional and resulted fromthe result of a “bona fide error,” despite the company’s policy to prevent such errors.

Using the procedures listed above or declaring bankruptcy are two ways to stop debt collection harassment. Your debt must eventually be paid off or it won’t ever go away.

The loan “workout” or other alternatives may be offered to you by your creditors since they would prefer to keep you as a paying customer. You have the choice of negotiating reasonable terms with creditors informally.

Your options include:

• Payment schedules
• Credit counseling
• Loan workouts
• Other alternatives to bankruptcy
• Disputing charges on the bill

There are severe legal and ethical rules that must be followed during the debt collection procedure. It is illegal to break the prohibitions of the debt collector harassing laws. This type of debt collecting conduct can lead to emotional distress including tension and anxiety. If a debt collector, creditor, or agency harasses you, you have the right to sue them.

Get the support you need right away to avoid being harassed by creditors. In order to take the appropriate legal action if creditors continue to contact you, it is critical that you get legal advice and protection from our reputable Portland, Oregon debt defense attorney at Northwest Debt Defense Law Firm. Our legal team will establish your case in court and secure the financial recompense you are due. We can assist you in suing creditors who have harassed you for debt and ending unfair debt collection activities.

For a free debt analysis, get in touch with us right now wherever you are in the cities of Portland, Salem, and Medford in the state of Oregon as well as Vancouver, Seattle, and Tacoma in the state of Washington.