NH Creditor Harassment Attorney
Are you a victim? You can fight back!
With the troubled economy, countless Americans have endured long periods of unemployment, upside-down mortgages, and divorce, not to mention other things we can't control such as accidents and illness, all of which can wreak havoc on our finances. If you've fallen behind on your debt and become the target of creditor harassment or lawsuits, I can help.
As a Manchester bankruptcy attorney with nearly 25+ years of experience, I know your rights and I can show you how to defend yourself against unscrupulous debt collectors.
Based on abundant evidence of the use of abusive, deceptive and unfair debt collection practices by debt collectors, Congress enacted the Fair Debt Collection Practices Act (FDCPA) as a vehicle to combat abusive debt collection practices by deb collectors. The FDCPA safeguards consumers against the types of behaviors that Congress recognizes has contributed to numerous personal bankruptcies, marital instability, job losses and invasions of personal privacy.
Under the FDCPA, creditors are prohibited from:
- Calling debtors before 8:00 a.m. or after 9:00 p.m. local time.
- Speaking to third parties about the debt.
- Communicating with the consumer after the consumer notifies the creditor in writing refusing to pay a debt or asks the creditor to cease communication with the consumer.
- Using abusive, threatening or profane language against the debtor.
- Causing the debtor's phone to ring repeatedly.
- Using false, deceptive, or misleading tactics in an effort to collect a debt.
If a debt collector violates any of the provisions of the FDCPA, they can be held liable for damages sustained by the debtor.
Filing for Bankruptcy Protection
In addition to filing a lawsuit against an abusive debt collector, debtors have the option of filing for bankruptcy. The "automatic stay" goes into effect immediately upon filing your bankruptcy petition. The automatic stay is an injunction by the court prohibiting creditors from commencing or continuing any type of debt collection activity, and this includes phone calls, collection letters, wage garnishments, lawsuits, and foreclosures. In a free case evaluation, I will carefully review your situation and explain your consumer rights and what you can do to put a STOP to the collectors once and for all.
If you're a victim of creditor harassment or abuse, or if you're simply done with receiving their upsetting phone calls and collection letters in the mail, I urge you to contact me at Bryan W. Clickner, Attorney at Law, PLLC.