Oklahoma City Lawyer Putting An End to Debt Collector Harassment
Being in debt is stressful, and receiving countless phone calls and letters from debt collectors only makes the situation worse. Fortunately, there are laws that protect consumers from debt collector harassment. There are also steps that can be taken to limit the ways that debt collectors can contact you.
If you are being harassed by debt collectors, it’s important to explore these options with the help of an attorney. Schedule a free consultation with the debt collector harassment lawyers at Mitchell & Hammond to discuss your case.
What is the Fair Debt Collection Practices Act (FDCPA)?
The Fair Debt Collection Practices Act (FDCPA) is a federal law that governs the actions of third-party debt collectors. This law outlines how, how often, and what times of day third party debt collectors are allowed to contact debtors.
Under this law, debt collectors are allowed to contact debtors by phone, mail, email, or text. They are not allowed to contact a debtor repeatedly with the intent to annoy or harass them about their debts. Furthermore, third-party debt collectors cannot call debtors before 8 a.m. or after 9 p.m. unless the debtor has instructed them to do so. This law also prohibits debt collectors from threatening debtors, using profane language, or lying to debtors.
Debt collectors are also legally required to send you a written validation notice within five days of first contacting you. This notice must tell you much you owe and the name of the creditor. This written notice must also provide instructions for contesting debts that are not inaccurate.
These are some of the many rules that third-party debt collectors must follow when contacting debtors.
If you are being harassed by a debt collector, it’s important to understand what an attorney can do to help. First, an attorney can send the third-party debt collector a letter demanding that they stop contacting you immediately. After receiving this letter, the debt collector will not be able to contact you. The only exception to this rule is if the debt collector plans on filing a lawsuit against you. In this case, the debt collector can contact you to notify you of their plans.
Your attorney can also contact the debt collector to ask for verification of the debt. The debt collector must provide verification of the debt in writing before they can attempt to collect again. If you think the amount is inaccurate—or if you believe you don’t owe anything—your attorney can help you contest the debt.
If the debt information is accurate, an attorney may be able to negotiate a settlement or payment plan with the debt collector on your behalf. If the debt collector agrees to settle, you will not have to pay off the full balance of the debt. If the debt collector agrees to a payment plan, you will be required to make monthly payments on the debt until it is repaid in full.
An attorney can help you take legal action against debt collectors that have violated the FDCPA. If your rights under this law have been violated, you may be entitled to compensation. An attorney can help you recover compensation by filing a lawsuit against the debt collector on your behalf.
How An Attorney Cannot Help With Debt Collector Harassment in Oklahoma City
There are limits to what an attorney can do to help with debt collector harassment. Attorneys can help protect your rights under the FDCPA, but unfortunately, this federal law only applies to certain types of debt. The FDCPA does not cover business debts or creditors who are attempting to collect debts that they are owed. It only applies to third party debt collectors. If you are receiving calls from a creditor or regarding business debts, an attorney cannot stop this communication.
Your bankruptcy attorney might be able to negotiate a settlement or payment plan with the debt collector to clear your debt. But if this is not possible, your attorney cannot prevent the debt collector from taking legal action in an effort to collect the debt.
Schedule A Free Consultation With Our Debt Collector Harassment Attorney in Oklahoma City
Are you being harassed by debt collectors? If so, help is available. Contact the skilled debt collector harassment attorneys at Mitchell & Hammond as soon as possible. Let us fight back to ensure that debt collectors do not violate your rights again. To schedule a free consultation, call our law office at 405-216-0007 or submit your information via the form on this website.