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If you are behind on credit card payments, mortgage payments, medical bill installments or payments for any other type of debt, you are all too aware that you and your creditors are now in an adversary relationship. Your reasons for falling behind on repaying your debts may be perfectly understandable:
- You lost your job, were demoted, took a paycheck or lost your second job.
- The business that you own has fallen on hard times and you have cut your own salary to cope with the challenges for now.
- You or a family member is going through a medical crisis such as cancer treatments or worsening of a chronic condition.
- Your marriage has failed and you are approaching divorce or are recently divorced.
- Your household was hit by a natural disaster (such as a tornado) or an urgent situation of any kind (such as a need for emergency plumbing repairs)
- Your adjustable rate mortgage (ARM) now has monthly payments beyond your ability to keep up.
- Lenders overextended credit to you and then raised the interest rates, trapping you behind an 8 ball.
Whatever the cause of your financial woes, you no doubt realize by now that your creditors are not your friends. You also most likely know all too well that creditor harassment does not magically enable you to repay your debts. You would most likely be paying already if you could. Are credit card banks and debt collectors calling you at all hours, bothering your family and coworkers, throwing insults at you or making frightening threats? Under these circumstances, you should make yourself familiar with the provisions of the Fair Debt Collection Practices Act (FDCPA), including the following prohibitions for debt collectors:
- They must not tell third parties (such as members of your household on the phone) they are trying to collect on debts.
- They must not communicate by postcard with obvious language or indicators that they are trying to collect on debts.
- They must not communicate with you at unusual or inconvenient times or places.
- They must not continue to contact you after you have told them you do not plan to repay the debts or do not want to be contacted.
- They must not use violence, obscenity or profane language.
- They must not repeatedly make your phone ring in an obvious attempt to annoy, abuse or harass you.
- They must not make false representation.
- They must not use unfair or unconscionable means of trying to collect on debts.
Bankruptcy Attorneys Serving Minnesota, Including Minneapolis and St. Paul · Creditor Harassment? Lawyers of Prescott & Pearson, P.A., Can Help
If you are experiencing creditor harassment, keep a log of all contacts. You may wish to contact an attorney who helps clients sue violators of the FDCPA. More importantly, though, if you are in over your head in unmanageable debt, you should consider all your options including filing bankruptcy. Once you file bankruptcy, the automatic stay goes into effect, prohibiting debt collectors and creditors from making any attempt to collect on debts during the course of your bankruptcy filing.
Minnesota Fair Debt Collection Attorney · Call for a Free Consultation Today
- Minneapolis-St. Paul Area: 651-968-8096
- Minnesota Toll-Free: 888-366-0827
To learn more about your options in the face of creditor harassment, call or contact our bankruptcy lawyers at Prescott & Pearson, P.A., today. We offer free initial consultations, quality services at competitive rates and effective representation statewide.