Creditor Harassment Lawyer in Charlotte
Bringing an End to Unlawful Collection Actions
If you are struggling under the weight of your debt, you might also be dealing with an endless barrage of calls, letters, and notices from debt collectors. Harassment is more than an inconvenience—it is a highly disruptive method creditors use to place unnecessary levels of pressure on debtors. You may be working diligently to pay off your debt and, in the meantime, relief from these invasive reminders could help you accomplish that goal.
A vital first step in ending creditor harassment is understanding your options as well as your rights. When you file for bankruptcy, creditors are legally required to freeze all collection action processes. You may, however, be able to stop them from contacting you without having to file bankruptcy, because the methods they are using to collect your debts may be unlawful.
I, Kimberly A. Sheek, will help you determine if you are experiencing creditor harassment. Whether we put an end to these calls through legal action or through declaring bankruptcy, my goal is to alleviate the stress of your financial struggle. I will provide you with compassionate and skilled guidance every step of the way.
You can take action today. Call the Law Office of Kimberly A. Sheek at (704) 842-9776 so I can help you attain relief.
What Qualifies as Creditor Harassment?
In 1977, the Federal Trade Commission passed the Fair Debt Collection Practices Act to protect debtors from creditor harassment. The act outlines proper conduct for all collection actions, from the time of day they can make calls to the language they can use when speaking with you. It explicitly states that “a debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt.”
Creditors violate this law when they:
- Use (or threaten) violence
- Use obscene or profane language with the intent of verbally abusing you or your friends, family, or neighbors
- Publicize your name with the allegation that you have failed to pay your debt (unless they are reporting to certain qualified agencies)
- Make phone calls with a frequency or nature designed to abuse/harass you or your friends, family, or neighbors
- Refuse to identify themselves
If you are experiencing creditor harassment, you may be feeling powerless. Each state has its own laws regarding lawful collection actions, but with the help of a skilled attorney, you can better understand your rights and take appropriate action to attain relief.
Methods of Lessening or Ending Collection Actions
Whether or not your creditor is committing unlawful harassment in the process of collecting your debts, you have options to lessen or end these actions entirely.
These methods include:
- Hiring a lawyer to act as your liaison. A legal representative can communicate with your creditor on your behalf. Even if the collection actions continue, you will no longer need to directly endure the stress of antagonistic communication strategies from collectors. An experienced attorney may also be able to negotiate a deal that allows you to pay less than what was originally requested.
- Making them prove your debt. Creditors may be pursuing payments you are not required to make. They may have made a mistake, added their own fees, or continued to contact you after you filed bankruptcy. No matter the reason, you can request that they prove your debt through valid documentation, and they must comply with this request.
- Cease-and-desist letter. If you feel your creditor is unlawfully harassing you, you can send them a cease-and-desist letter. Although this will not cancel your debt, the creditor is required to stop contacting you once they receive this notice. Do not take this method lightly, however, because it may provoke the creditor into filing a lawsuit.
- Automatic stay. Generally, filing Chapter 7 or Chapter 13 bankruptcy triggers an automatic stay. Your creditors will need to freeze all collection actions during your bankruptcy.
Each method has its own complex implications, benefits, and consequences. In my years of experience, I have witnessed how the subtle differences between each client’s financial situation requires a unique strategy devised from scratch. I will help you decide which path is right for you and answer every question you have along the way.
Don’t Wait to End Unlawful Harassment—Call Now
You may not owe the debt your creditor is claiming, or they may be illegally harassing you. No matter the situation, acting now is vital for your future financial security. If you wait, a creditor may take legal action against you. With more than a decade of experience and steadfast commitment to treating every client with honesty, respect, and integrity, I am more than prepared to help you advocate for your rights.
The sooner you enlist qualified legal support, the sooner you can begin your path toward a brighter future. Call my law firm at (704) 842-9776 or send a message online so I can get started on your case as soon as possible.