Fair Debt Collection Practices Act

Protecting Your Rights from Harassing Creditors

Harassing creditor calls and collection attempts are one of the first things that prompt individuals to consider filing for bankruptcy. The constant nagging calls and letters can begin to stress you out and without the immediate retention of an attorney who can help you file for bankruptcy and stop the calls, the collection attempts may continue. Under the Fair Debt Collection Practices Act, all agencies looking to collect delinquent funds from debtors must abide by these sets of rules implemented by the government. It is your right to be treated with respect and dignity during the collection process and if you feel that your rights are being infringed upon, you need to contact a Rancho Cucamonga bankruptcy lawyer Atlantis Law right away.

What is the Fair Debt Collection Practices Act? This act was passed in 1977 and protects consumers from wrongful harassment and threats in the collection process. It was drafted to help protect individuals from abuse practices, promote fair collection and allow individuals to dispute wrongful debts. The act also outlines prohibited conduct. A collector is not allowed to engage in any of the following acts:

  • Call during hours before 8:00 a.m. or after 9:00 p.m.
  • Call continuously in a manner to harass the debtor
  • Call a debtor at their place of employment
  • Continue to call a debtor after bankruptcy has been filed and a cease communication request has been granted
  • Threaten, harass or use profane language
  • Seek more than the amount in the debt
  • Misrepresent the collection firm
  • Threaten legal action
  • Speak with third parties such as employers, neighbors or coworkers

Have you been harassed?

If you have been wrongfully harassed by a collection agency, you need to contact Atlantis Law. Lawyers at the firm can aggressively pursue the best course of action for you and your family and ensure that your rights are protected. It is important to remember that you are protected from these acts under local and federal laws and if you are being mistreated by a collection agency or debt collector, you need to work with Atlantis Law right away. If you have questions or concerns, feel free to contact the team as soon as possible and schedule a free case evaluation today.

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