Boca Raton Creditor Harassment Lawyer
It often starts as a trickle. You get a call from a creditor or debt collection agency once a week. Then it becomes once a day. Soon you stop answering your phone because you’re afraid it’s another creditor demanding you repay them with money you do not have.
You do not have to put up with this. The Boca Raton creditor harassment lawyers at Nowack & Olson can help you put a stop to these collection calls. We can advise you of your rights under federal law and make sure your creditors do not violate their own obligations.
How Bankruptcy Stops Creditor Harassment
If your debt situation is seriously out of control, you may need to consider seeking bankruptcy protection. One benefit of bankruptcy is that the court will issue an automatic stay that takes effect as soon as you file your petition. The automatic stay functions as a “cease and desist” order to your creditors. This means they must immediately cease all collection activities.
In other words, once you file for bankruptcy your creditors may no longer contact you directly. Instead, they must deal with your bankruptcy attorney or the court-appointed trustee overseeing your case. And they cannot proceed with any legal action against you unless the bankruptcy court grants relief from the stay. Additionally, if a creditor violates the automatic stay, you can initiate what is known as an adversary proceeding with the bankruptcy court to put a stop to the infringing activity. You may even be able to recover damages from the offending creditor. This is why having an experienced creditor harassment attorney by your side in a bankruptcy case is critical. Indeed, most creditors will think twice about harassing a debtor whom they know is represented by counsel.
Contact Nowack & Olson Today if You Need Help Stopping Creditor Harassment
Outside of the bankruptcy process, third-party debt collectors must also follow certain rules when contacting you. Under the Fair Debt Collection Practices Act, a debt collector may not engage in “harassment” such as making threats of violence or harm against you, making repetitive phone calls, using obscene or profane language, or misrepresent their identity to you. If a debt collector does not abide by these rules, you have the right to file a civil lawsuit in state or federal court and possibly receive up to $1,000 in “statutory damages” for each violation, in addition to your legal fees and court costs.
So as you can see, there are legal tools you can use to put a stop to creditor harassment. If you need specific advice on how to deal with your situation, contact the Boca Raton creditor harassment lawyers at Nowack & Olson today. We can review your financial situation and help you decide whether bankruptcy is the right option for you. And even if it is not, we can still assist you in putting a stop to creditor harassment. Call us today to schedule a free, no-obligation consultation.