By Legal Helpers
Although most creditors are quite civil when demanding payments from their debtors, there are some creditors that tend to be too aggressive in collecting payments. Yes, this scenario is becoming very common in this country and when it happens, things can really become ugly.
When Can You Say That Your Creditor Is Harassing You?
Harassment comes in many forms. According to the law, the use of obscene language, threats and persistent calling even during odd hours to remind you of your obligations or calling your friend and relatives without your express permission can be considered as harassment. Note that just because you own someone some money that does not mean that that person or entity has the right to encroach into your private life or embarrass you in front of your friends and relatives.
Avoiding Creditor Harassment
The best way to avoid creditor harassment is to pay your obligations on time. If you cannot pay your financial obligations on time, it would be best to inform your creditors about your present financial difficulties and give your creditor some assurance that you will pay your debts within a reasonable period of time. You may also give your creditors some ideas as where you intend to get the money to pay your financial obligations so that they will not bother you while you are trying to get things back in their proper order.
In case you are no longer in the position to pay for your debts, file for bankruptcy immediately. Your creditor will have to stop calling you or sending you collection letters as soon as they receive a notice that you have filed for bankruptcy.
When a person gets really behind on their bill payments it may seem as though every five minutes someone is calling and asking for money. In many cases, explaining the circumstances and asking for suggestions on how to keep up on payments will be enough. Many debt settlement companies are willing to work with the debtor, but not all of them. Some bill collectors go to great lengths to live up to their reputation, in spite of consumer protection laws that are meant to protect people against hostile action.
While creditors have the right to attempt contact on past due bills, they cannot harass anyone for non-payment. According to the law, using foul language or calling constantly with the intent to annoy the debtor into making payments is considered harassment. Calling at odd hours or calling work, after they have been advised not to do so or calling friends and family members without permission is also considered harassment.
If attempting to work things out with debt settlement companies fail and bankruptcy is filed, all collection efforts by the creditor or their agents must stop, in accordance to the Fair Debt Collection Practices Act. Continuing to make contact after being informed of a bankruptcy filing, they may face fines and penalties. Informing them that an attorney is representing a debtor requires all contact to go through the attorney.
Harassing phone calls, especially those containing threats of violence do not have to be accepted. If the only way out of the financial mess is bankruptcy, then the calls will come to an end.
About the Author: Bankruptcy Attorneys
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