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Creditor Harassment

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Fresno Creditor Harassment Attorney

No matter what the reason for your debt situation, you still have rights that need to be protected. The Fair Debt Collection Practices Act (FDCPA) addresses the issues of unfair harassment and unlawful threats used by creditors attempting to collect debts. Unfortunately, abuses still exist. Our experienced Fresno creditor harassment attorneys are here to protect your rights.  

Creditors do have a right to collect the money that you owe, but they are not entitled to harass you. You are already facing anxiety and emotions because of your debt, so don't let illegal debt practices make your situation worse. If you are faced with illegal actions or harassment from a debt collection agency, we encourage you to speak with our firm at once.

Contact Arnold Law Group, APC, by either calling (559) 900-1263 or by using our online contact portal to schedule a free case evaluation.

Common Creditor Harassment Tactics

If you or someone you love is experiencing any of the following, be aware that these are some of the common ways that creditors try and harass anxious people: 

  • Intimidation: This can involve threatening language, aggressive behavior, or other actions intended to intimidate the debtor. For example, a creditor may use strong and threatening words to make the debtor feel fearful or vulnerable.
  • Verbal Abuse: Verbal abuse may involve using derogatory language, insults, or offensive remarks towards the debtor. This type of harassment can cause emotional distress, erode self-esteem, and exacerbate the already stressful situation for the individual struggling with debt.
  • Physical Threats: A particularly abusive creditor may say things like "Do not make us come to your house" or “We know where your children go to school.” Such harassment is not only against the law, but it can take a real toll both psychologically and physically.
  • Financial Threats: These threats can include legal action, wage garnishment, property seizure, or even physical harm. This is illegal behavior. 
  • Excessive Contact: Excessive contact refers to creditors repeatedly contacting debtors via phone calls, emails, text messages, or letters. Constantly bombarding someone with communications can be highly distressing, invade their privacy, and disrupt their daily life. The FDCPA sets guidelines on how frequently a creditor can contact a debtor.
  • Profanity: This behavior is not only unprofessional but can also cause emotional harm and further escalate the tense situation between the parties involved.

Debtors have the right to report such behavior and seek recourse through a Fresno creditor harassment attorney. 

You don't have to fight alone. Turn to Arnold Law Group, APC, for help. Call us today at (559) 900-1263.

Potential Illegal Actions by Creditors

A creditor may sell or assign your account to a non-affiliated collection agency. Oftentimes, the people calling you are working on some sort of commission. They may not be paid unless they are able to collect money from you. Consequently, they may be overzealous and break the law. Here are six things that creditors are prohibited from doing:

  • Impersonating a Law Enforcement Officer: This includes falsely claiming to have the power to arrest or take legal action against a debtor. 
  • Implying Criminal Activity: Creditors cannot imply or suggest that the debtor has committed a crime or will face criminal consequences if they do not pay the debt. This includes making false statements or using deceptive tactics to create fear or anxiety in the debtor. 
  • Unsubstantiated Legal Threats: Threatening debtors with legal consequences that are unrealistic or baseless is considered abusive and is strictly prohibited under consumer protection laws.
  • Failure to Disclose: Creditors must provide clear and accurate information regarding the nature of the debt they are attempting to collect. This includes disclosing the amount owed, the identity of the original creditor, and any fees or interest that may have been added. 
  • Phone Calls at Odd Hours: In addition to prohibitions on the frequency of contact, creditors may not call at unreasonable hours of the day or night. Creditors are generally expected to respect reasonable boundaries and not cause undue stress or disruption in a debtor's life.
  • Humiliation Tactics: This includes disclosing a debtor's financial situation to others, such as family, friends, or employers, without their explicit consent. Publicly shaming or embarrassing debtors is not only unethical but can also be a violation of privacy laws. 

What You Can Do When Being Harassed by Creditors

If you find yourself facing creditor harassment in Fresno, it is important to take certain steps to protect yourself:

  • Document all instances of harassment, including dates, times, and details of the communication.
  • Clearly communicate your desire for the harassment to stop and request all future communication to be in writing.
  • Familiarize yourself with your rights under the relevant consumer protection laws, such as the FDCPA. 
  • Report the harassment to the appropriate authorities, such as the Consumer Financial Protection Bureau (CFPB) in the United States.
  • Seeking legal advice from an attorney who understands debt collection practices. We have just the kind of experienced bankruptcy lawyers who can help you. 

Everyone has the right to be treated with dignity and respect, regardless of their financial circumstances. If you are experiencing creditor harassment, take action to protect yourself and seek the assistance you need to resolve your debt situation in a fair and respectful manner.

Stopping Creditor Phone Calls

Should you choose to have us file a Bankruptcy Petition, the U.S. Federal Bankruptcy Court grants an Automatic Stay. This Stay bars creditors from making further calls or attempting to collect their debts in other ways. A purposeful violation of this Stay can subject the Creditor or Collection Agency to civil and criminal penalties. 

Upon your retaining the Arnold Law Group, APC, we send out letters to your creditors advising them that our law firm has been retained to represent you in your bankruptcy case. We will provide our business number to the Creditors and Collection Agencies who are harassing you. We are prepared to speak with them and will certainly remind them about the laws that prevent such ongoing harassment. 

Fighting to Protect Your Rights

Debtors have rights and protections, and creditors must adhere to the regulations and guidelines set forth by the law. If you believe a creditor is engaging in prohibited practices, take appropriate action to protect yourself and ensure that your rights are respected throughout the debt collection process. 

A good first step is to call the Fresno creditor harassment lawyers at Arnold Law Group, APC, at (559) 900-1263 to schedule a free case evaluation.

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