Collections Defense

Collections Defense in New Hampshire

Are you being targeted by creditors?

If you're struggling with debt, there's a good chance that you're being targeted by creditors. As a New Hampshire bankruptcy attorney and founder of Bryan W. Clickner, Attorney at Law, PLLC, I have seen and heard it all. With nearly 25+ years of legal experience, I am intimately familiar with the state and federal laws that protect you as a consumer debtor, and I can help defend you against abusive or overly-aggressive creditors that won't give you a break.

In nearly two decades of practice, I have seen every financial situation imaginable. Contrary to popular belief, most people don't file for bankruptcy because of unchecked spending, but instead because of a job loss, an accident or illness, or a divorce.

With the prevalence of unemployment and underwater mortgages, it's not uncommon for people these days to receive collection letters or calls that borderline on creditor abuse and harassment. Since the servicing, buying and selling of debt has become so profitable that the original creditor rarely has a delinquent account for long, you may be receiving calls or letters from collectors you've never heard of before and your phone may be ringing off the hook.

Know Your Rights as a Debtor

Unfair, abusive and aggressive debt collection practices can have devastating effects on a debtor's life, sometimes forcing debtors to choose between paying debts and paying for necessities such as groceries and prescriptions. Because of the widespread problem of debt collector abuse, the Fair Debt Collection Practices Act (FDCPA) established legal protection against abusive debt collection practices.

Under the Act, debt collectors are prohibited from engaging in deceitful or abusive debt collection behaviors in an attempt to collect a debt. For example, collectors are prohibited from calling you before 8:00 a.m. or after 9:00 p.m. at night. They cannot use profane or abusive language, nor can they communicate with third parties about your debt.

Relief from the "Automatic Stay"

If you are a victim of creditor harassment or abuse, or if the creditor has violated any of the provisions of the FDCPA, you may have grounds for a lawsuit. Another excellent defense is to file for bankruptcy protection. Once you file Chapter 7 or Chapter 13, the "automatic stay" goes into effect immediately.

The automatic stay is an injunction that automatically STOPS creditor lawsuits, wage garnishments, foreclosure actions, and all collection activity the moment the bankruptcy is filed. The automatic stay is one of the benefits of bankruptcy and one of its most attractive features.

If you're being harassed by creditors or debt collectors, I can help you invoke your rights under the FDCPA or through filing for bankruptcy. Let me show you how – contact me today!

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