Fight Back Against, and Stop Debt Collection Harassment
Published 07/08/16 by Perry Thompson
Often times individuals think the only way to stop calls from debt collectors is through the filing of a bankruptcy. While bankruptcy is a great legal tool for many individuals struggling with large amounts of debt, other people still suffer from debt collection harassment but for one reason or another decide against filing bankruptcy. If you are someone struggling with debt collection calls and harassment, but don’t think filing bankruptcy is right for you, there are still ways to fight back against, and stop debt collection harassment.
The Fair Debt Collection Practices Act provides consumers with the ability to inform debt collectors to cease contact with them in writing, and a failure by the debt collector to cease the contact allows those consumers to recover damages and attorney fees from the violating debt collectors. It is important to note that the demand to the debt collector to cease contact must be given to the debt collector in writing, but properly notifying the debt collector you no longer wish to be contacted allows you to be free from the harassment, or at least have an avenue to fight back against the individuals harassing you.
However, if you have hired an attorney in relation to the debt, the notice to the debt collector doesn’t even need to be in writing, rather as soon as you inform the debt collector that you have hired an attorney in relation to the debt and provide the debt collector with the name and contact information of your attorney the debt collector is no longer permitted to contact you directly. As with the written notice, a debt collector who violates this and continues direct contact will be subject to paying you for damages and attorney fees.
Finally, even if you have not instructed a debt collector to stop contacting you in writing or because you are represented by an attorney in relation to the debt you may still have viable claims against the debt collector under the FDCPA to recover damages and attorney fees. If any debt collector has telephoned you before 8 a.m. or after 9 p.m., used threats of violence, used obscene or profane language, contacted your family members and friends, contacted you at work, or stated that you can be arrested if you do not pay the debt it is possible that you have claims against the debt collector.
If you are having issues with debt collection calls or harassment and want to fight back or just want the calls to stop, it is imperative that you retain counsel. Significantly, due to the fee shifting nature of the FDCPA you may be able to fight back against the debt collector with little to no direct cost to you. If you want to do something about your debt collection issues, contact any one of our three Ohio offices for a free telephone consultation today.