San Jose Creditor Harassment Lawyer

Are You the Victim of a Rights Violation? Our Bay Area Law Firm Can Help.

You are protected from creditor harassment by both state and federal law. Creditors have many restrictions about what they can and cannot do or say. The Fair Debt Collection Practices Act outlines the rules for creditors; if violated, the collection agency or other entity may be forced to pay damages to the consumer. California State also has a Fair Debt Collection Practices Act. If you believe a creditor has violated your rights, we urge you to contact us at The Fuller Law Firm, PC as soon as possible.

How to Put an End to Creditor Harassment

When an individual has fallen behind on credit card payments, mortgage payments, and other financial obligations, the last thing they want to deal with is harassment from creditors. You are well aware you have been unable to pay your bills. You understand that extra charges, penalties, and fees will be assessed if you do not pay on time. You also know failing to keep up with your payments will reflect poorly on your credit score. 

You do not need a creditor or debt collector making matters worse by calling you at all hours of the day, using profanity, threatening violence, or using scare tactics to try and elicit payment. As a debtor, you do have rights. The Fair Debt Collection Practices Act protects you from creditor harassment. If you feel you have been subjected to creditor harassment, you must take action in your own defense.

Filing for bankruptcy is a simple yet highly effective way to end creditor harassment. From the moment your bankruptcy petition is filed, an automatic stay is put in place to prevent any further collection efforts or legal actions without the court's express permission. This means no more harassing phone calls, threatening letters, or wages being garnished. Even foreclosure proceedings will halt once you file for bankruptcy protection.

What Creditors Can’t Do When Seeking to Collect a Debt

You cannot be contacted at certain times or places; for example, you cannot be called before 8 a.m. or after 9 p.m. They must stop immediately if you ask a creditor not to call you at work, whether you ask verbally, in writing, or by sending a certified letter. You can also halt contact with creditors by having an attorney represent you. Once an attorney takes on the duty of managing your debt, the collector can no longer contact you. A debt collector cannot talk to anyone else about your debt, including your family, friends, employer, or anyone, except your spouse. They can only contact certain people to find your address—usually only once.

They are also restricted from engaging in the following actions:

• Using threats of violence
• Using profanity
• Calling you over and over in a short period to annoy you
• Making false statements (such as being a government agent)
• Telling you that you have committed a crime
• Telling you incorrect information about how much you owe
• Threatening a lawsuit if not planning to file one
• Using a false name for their company
• Sending you a postcard

What to Do If Creditors Are Harassing You

If debt collectors are harassing you by calling you at all hours of the day, there are actions you can take to put a stop and even hold them accountable for knowingly violating the law. If creditors are harassing you:

• Document the interactions. Keep records of any communication between you and debt collectors, including phone calls, text messages, and mail. Make a note of the language they are using and how often they contact you.
• Request verification of your debt. You have the right to request how much debt is owed and have the opportunity to dispute it to help ensure the debt owed is accurate. If you are disputing the debt, the collector must cease all collection activity until the debt is verified. If the creditor fails to do so, they may be in violation of the law.
• Contact an attorney. An attorney can help you fight back against creditors by taking them to court and suing them for harassment or emotional distress. If you have proof, this can strengthen your case.

If you need help putting an end to creditor harassment, contact The Fuller Law Firm, PC. We are here to answer any questions and work with you closely to come up with the solution that best suits your needs. Our law firm handles bankruptcy cases in Oakland, as well as throughout the Northern California area. 

Each of our attorneys has years of bankruptcy law experience and we have a long track record of being able to help individuals, just like you, find the financial freedom and relief they have been longing to achieve. We await your call.

If you believe you are being harassed, a lawsuit can be filed against that company. You could be paid damages, as well as all of your attorney fees.