Parkland Creditor Harassment & Debt Collection Attorney
As if the stress of mounting debt was not enough, the constant calls, letters, and unexpected knocks at the door from creditors and bill collectors are enough to drive the most stable person mad. This type of harassment is not productive for getting back on one’s feet, and serves no useful purpose for homeowners and people struggling with debt. The Parkland creditor harassment & debt collection attorneys at the Law Offices of Barry S. Mittelberg are here to help end these harassing debt collection practices so that you can get your sanity and peace of mind back.
Putting an End to Creditor Harassment
Creditors have no sympathy for those who have fallen behind on their credit card payments or mortgages. They do not care that you suffered an extremely expensive medical emergency, and they do not care that your spouse lost their job. However, there are ways to stop them from calling at all hours of the day. Filing for Chapter 7 or Chapter 13 bankruptcy places an automatic stay on all of the following activities:
- Wage garnishment;
- Calls and letters;
- Freezing bank accounts; and
- Property liens.
Only when and if the court grants a creditor relief from the automatic stay can a creditor resume collection activities.
Unfair Debt Collection is Illegal
Under the Fair Debt Collection Practices Act (FDCPA), creditors and bill collectors are prohibited from employing abusive, unfair, or deceptive tactics. One of the most common illegal practices is using incessant phone calls, which account for 40 percent of FDCPA violations according to the American Bankruptcy Institute. A further 14 percent of violations involve profane or abusive language, and 10 percent of calls in violation of the FDCPA were made between the hours of 9 P.M. and 8 A.M. Other common violations that bill collectors unlawfully use include:
- Contacting you at work after you already informed them you cannot receive calls at work;
- Telling others about your debt except when they are trying to locate or contact you;
- Calling to intentionally harass or scare you; and
- Threatening violence, jail time, or using profane language.
For every violation made by a creditor or bill collector, you can sue for actual damages or for $1,000 in statutory damages, in addition to your attorney’s fees and other expenses.
The Florida Consumer Collection Practices Act (FCCPA)
The Florida Consumer Collection Practices Act (FCCPA) under statute 559.72 is another law that protects consumers against unfair debt collection practices, such as impersonating a law enforcement officer, using profane language, calling between 9 P.M. and 8 A.M, impersonate an attorney, and many other acts. An advantage of Florida’s FCCPA over the federal FDCPA is that Florida’s law applies to the original creditor and not just a third party collector they employed. As such, abusive collection practices used by stores you purchased items from, your credit card company, and other lenders or stores are prohibited. You can sue for actual or punitive damages under the FCCPA as well.
Call Our Parkland Creditor Harassment & Debt Collection Attorneys Today
If you are fed up with harassing phone calls and letters and want to take control of your life, our Parkland creditor harassment and debt collection attorneys can help. Call the Law Offices of Barry S. Mittelberg today at 954-752-1213 to schedule a free consultation.