Creditors often go to extreme measures to get the money they’re owed. Sometimes they go as far as stepping beyond their legal rights, but many people who are being harassed aren’t even aware of their rights. Therefore, this unscrupulous behavior continues unabated.
Jeffrey D. Larkin, a prominent credit repair attorney in San Diego, says that many people who are in debt put up with actions by creditors that are not only immoral but illegal too. His advice to any of his clients is for them to know their rights and hire an attorney to represent them, especially if they are being harassed.
What constitutes harassment by a creditor?
The Fair Debt Collection Practices Act governs what creditors may or may not do in their quest to get the money owed to them. It is critical that they comply with specific requirements. Here are some examples:
- A creditor may phone you to engage in discussion regarding repayment, but they cannot make repetitious calls intended to threaten or abuse you.
- A creditor may not make use of profane, threatening, or abusive language.
- A creditor may not threaten you with physical violence or harm if you do not pay the debt.
- A creditor cannot ‘name and shame’ you by publishing your details as a debtor unless they send the information to a credit reporting agency.
- A creditor must identify themselves when they call you.
What to do if you’re being harassed
To prove that you’re being harassed, you’ll need to supply evidence of it if you want to sue the creditor for harassment. Keep records of phone calls and their contents, screenshots of text messages, printouts of emails, and any other evidence you might think is relevant.
Make sure that you take the high road with creditors when they contact you. Maintain a calm demeanor in all your contact with the creditor. It might be tempting to give them a dose of their own medicine, but it rarely ends well. Make a point of being honest at all times to show that you are trying to maintain a good relationship with the creditor throughout the process.
You should inform the creditor if you feel that you’re being harassed by putting the matter in writing. Keep a record of this for future legal action as well.
Explain what the creditor has done that you feel constitutes harassment and ask them to desist from such behavior. If you feel that the harassment has not stopped, you should consult an attorney, says San Diego credit repair lawyer Jeffrey D. Larkin.
Contact my office by calling 1-760-316-6050 for a free, no-obligation consultation. There is a chance you could take a creditor to court for harassment, and you need to be sure you have a lawyer on your side to represent your best interests. The Larkin Law Firm is passionate about ensuring our clients’ rights are respected and we will act decisively to make sure that this is the case.