CREDITOR HARASSMENT LAWYER IN Orlando

Protecting Your Rights

Consumers grappling with debt and financial uncertainly often experience a number of collateral repercussions. Among these, debt collection can pose the most serious threat to your personal and financial well-being. If you are one of the millions of Americans who faces the daily reminder of your problems with debt by having to endure debt collection, then you should be aware that you have rights. Although creditors and debt collectors have the right to pursue the money they are owed, they do not have the right to collect from you using any type of unfair, deceptive, or abusive tactics. At Archer Bay, we have the experience and determination to protect the rights of clients who have been victimized by creditor harassment, and we are not afraid of advocating aggressively on your behalf.

Understanding the Debt "Business" 
Debt has become an unbelievably profitable business in recent years. Not only do creditors pursue debts, late fees, and penalties aggressively, they also often sell these debts to third-party debt collection agencies. A common practice used by lenders and creditors throughout the country, selling debt allows creditors to recover at least a portion of what they are owed. Once the debt is sold, it becomes the debt collection agency's responsibility to collect from you, and they often do so using a number of aggressive tactics that exemplify little, if any, compassion.

Defending Against Creditor Harassment Using the Automatic Stay 
Consumers and businesses who face incessant debt collection can find the immediate protection they need with the automatic stay. Issued when you file a formal petition with the bankruptcy court, the automatic stay orders all creditors and collectors to cease their collection efforts while your bankruptcy is pending. As a result, any foreclosure proceedings, repossessions, utility shutoffs, wage garnishment, and other forms of collections will halt. If creditors or debt collectors continue to pursue collections without approval from the court, they can be held fully accountable for their violations of the law.

Protecting Consumers Under the Fair Debt Collection Practices Act 
In response to the increase in debt collection, and the seedy actions used by creditors and debt collectors, legislative acts have been passed to protect the rights of consumers. The Fair Debt Collection Practices Act (FDCPA), the primary pieces of legislation protecting the rights of consumers in debt, enforces a number of laws and regulations regarding the ways in which creditors and collectors can collect debts. Some of the most important restrictions enacted by the FDCPA include:

• Collectors cannot call excessively (i.e. more than 10 times in a day)
• Collectors must disclose all information and identify themselves to consumers
• Collectors may only call between the hours of 8:00 a.m. and 9:00 p.m.
• Collectors may only contact neighbors or co-workers to obtain location information only
• Collectors cannot threaten any action they are not authorized to take
• Collectors cannot use any deceptive, misleading, or abusive tactics in order to collect
• Collectors cannot use obscene language
• Collectors must cease when consumers or their attorneys submit a written request
• Collectors may only speak with a consumer's attorney when notified that they have representation

When debt collectors violate these regulations, they can be held accountable for breaking the law. At Archer Bay, our legal team is prepared to stand tall on your behalf and to ensure that collectors are held liable for their actions. In fact, the FDCPA allows consumers who have experienced harassment or any other violation to pursue legal recourse against the collector. Consumers may also be eligible to obtain up to $1,000 for violations made by a debt collector.

Trust Florida Bankruptcy Lawyers Who Fight for You

Each attorney at our firm comes from a working-class background and we have all had to work hard for what we have as a firm. As a result, we are not afraid to fight back against creditors and debt collectors who fail to play by the rules. Where others in our industry may be unwilling or unable to stand up on your behalf, we blow past their efforts by always placing your needs first. We thrive where others shy away from the challenge and we have the ability to succeed where others fail.

If you believe that you may have experienced creditor harassment, do not hesitate to request your own case review by a member of our legal team. In addition to helping you protect and assert your rights, our legal team can also help you evaluate your available options and pursue the best option to help you gain the financial fresh start you deserve. Reach out to someone from our firm to discuss your case.