Receiving threatening calls or letters from a debt collector can be an unnerving experience to say the least. The damage to your credit and potential loss of property that you have worked hard to obtain can push you to the edge. Fortunately, the law places limitations on what creditors can and can’t do when attempting to collect a valid consumer debt. Repeated phone calls to your home or place of business including calls to friends and family may constitute harassment. Further, the harassment that you might suffer at the hands of creditors could entitle you to damages. Here’s more about what constitutes harassment by a debt collector, and what you could do when confronted by an unrelenting creditor.
What is a Debt Collector?
A debt collector is any person or corporation who attempts to collect a debt currently or originally owed to someone else. In other words, if you owe money to a credit card company and that debt is turned over to a collection agency, then the agency is considered to be a debt collector. However, if you are receiving calls from the credit card company itself or the original creditor, under the law, they are not considered a debt collector because they are the ones who are originally owed the money. This is an important distinction because the law treats debt collectors differently than original creditors.
Harassment Defined
The Fair Debt Collections Practices Act is a federal law that was enacted to protect consumer debtors (those who owe money) from unfair debt collection practices used by debt collectors. This law limits what debt collectors can do when trying to communicate with you for the purposes of collecting on consumer debt. Further, the law defines what practices have been deemed to have the effect of annoying or harassing debtors. Some examples or practices that may be considered harassment are:
Calling your family, friends, or place or work without your consent
Calling before 8am or after 9pm.
Know Your Rights
Under the law, if a debt collector engages in harassing practices, you may be entitled to monetary damages from the debt collector. It is important to remember that state law may also provide you with additional protections against harassment. If you believe that you are being harassed by a debt collector, do not hesitate to contact an experienced attorney who can clearly explain your rights under the law and can protect you from further harassment.
Florida Bankruptcy Attorneys
Both pre and post-bankruptcy education courses have fees that must be paid. As always, if you are considering filing for bankruptcy or you have filed and are looking for additional guidance, it is important for you to contact an experienced bankruptcy attorney to help you through this process. The Bankruptcy Team, PLLC is devoted to helping clients resolve their financial issues through bankruptcy, foreclosure or other viable means so that they can get the fresh start that they are entitled to. We are here for you. Our experienced bankruptcy attorneys will thoroughly review your situation with you and will position sound solutions which fit your unique needs. To consult with The Bankruptcy Team, PLLC, call or contact us today.
Andrew Meyer was born in Deland, Florida, in 1970. He graduated with an International Baccalaureate Degree from St. Petersburg High School in 1988, and attended the University of Florida, graduating in 1991 with a degree in Economics awarded with High Honors. Mr. Meyer also attended law school at the University of Florida, receiving his juris doctorate degree in 1995. While at the University of Florida, Mr. Meyer was inducted into Florida Blue Key and Phi Beta Kappa.
Mr. Meyer was first trained as a lawyer by Richard T. Earle, Jr., and thereafter worked at the Attorney General's Office for the State of Florida in the Bureau of Criminal Appeals before becoming a senior staff attorney for the Florida Second District Court of Appeal. Mr. Meyer also served as a law clerk to the Honorable Chris W. Altenbernd, Retired, at the Second District Court of Appeal. Following his time at the Second DCA, Mr. Meyer worked at Carlton Fields, focusing his practice on appellate matters. In 2004, Mr. Meyer became an advocate for consumers as a partner at James Hoyer, and then later moved to Morgan & Morgan's class action department in 2009.
