Are you tired of receiving phone calls from creditors demanding that you pay your debts? Is your mailbox filled with frustrating letters from creditors? Have you had creditors threaten to take you to court? If you’re ready to put a stop to the creditor harassment you’ve experienced, we can help.
Consumer Credit Protection Act (CCPA)
The Consumer Credit Protection Act (CCPA) was established in 1968 in order to protect consumers. It contains several titles that are geared to help credit consumers, including the Truth in Lending Act. The Truth in Lending Act mandates complete disclosure of terms and conditions of financial charges in transactions.
The CCPA also limits the amount of money that can be garnished from your wages. With a court order, creditors may only garnish up to 25 percent of disposable income earnings from anyone who owes them money. With this limit, you can prevent all of your money being taken by credit card companies. However, we understand that 25 percent may be a significant part of your income. That money may be necessary to the function of your household finances. If your wages are being garnished, contact our Ohio wage garnishment attorneys at LHA today at (216) 586-6600 for more information about how we can stop wage garnishment.
Fair Debt Collection Practice Act (FDCPA)
The Fair Debt Collection Practice Act (FDCPA) protects you as a consumer from excessive collection attempts and harassment. Under the FDCPA, it is illegal for creditors to use abusive, unfair, or deceptive practices to collect from you. This includes money you may owe to auto loan companies, medical bills, mortgages, and more. This does not include debts incurred to operate a business.
Creditors may not:
- Call you before 8:00 a.m. and after 9:00 p.m.
- Contact you at your place of employment.
- Contact you if you are being represented by a lawyer.
- Reveal your information to third parties.
- Use abusive or profane language.
- Fail to stop communication once you have sent a written notice stating that you refuse to pay the debt or are requesting an end to all communication.
- Call you repeatedly while annoying, abusing, or harassing you.
- Communicate with you after you’ve filed for bankruptcy.
- Threaten you with an arrest or legal action that is not permitted.
- Contact you through embarrassing media.
- Publish your name or address on a “bad debt” list.
- Pretend to be a government agent or law enforcement officer.
The FDCPA requires debt collectors to state who they are every time they contact you while explaining that any information they gain from you will be used to collect debt. They must also inform you that you have the right to dispute your debt in part or full with a debt collector and provide you with verification of your debt. In the event that a debt collector can file a lawsuit, they may only file one where you live or where you signed the contract with the debt collector.
How Filing for Bankruptcy Can Stop Creditor Harassment
If you file for Chapter 7 or Chapter 13 bankruptcy, an automatic stay will legally require creditors to immediately stop contacting you. Automatic stay was designed to stop abusive communication from creditors, repossession, wage garnishment, foreclosures, and lawsuits against you. In the event that creditors do contact you after the automatic stay has been imposed on them, they may face serious penalties. They may be responsible for paying you damages for their illegal actions and can even be sued for harassment.
Why Hire a Cleveland Creditor Harassment Lawyer
You should never allow a creditor to get away with abusive and illegal behavior. If you’re ready to end the harassment that’s taken a toll on your life, a Cleveland creditor harassment lawyer from Luftman, Heck & Associates is an invaluable resource. Our firm is well versed in CCPA and FDCPA laws and can hold creditors responsible for their harassment.
If you are exhausted by creditor harassment, call Luftman, Heck & Associates at (216) 586-6600, or contact us through our online form. In a free case consultation, we’ll evaluate your situation and inform you whether Chapter 7 or Chapter 13 bankruptcy could prevent creditors from harassing you.