Debt Collection Harasment
If you have received unsolicited letters from creditors regarding debt, you may be the victim of debt collection harrasment. These letters should be addressed to the state agency that oversees your creditor or original creditor, and they should include a written explanation of your concerns. If the harassing communications stop, the debt collector may be willing to cancel your account, freeing you from the burden of the debt and its accompanying harassment. Moreover, if you are unable to make payments, you may need to file for bankruptcy, which puts an automatic stay on all actions by the debt collectors.
How to Stop Debt Collection Harasment
Although debt collection harassment is considered illegal, some companies violate the FDCPA by using aggressive tactics. One such company, Austin v. Great Lakes Collection Bureau, was sued by a debtor for harassing him through phone calls several times a week. Whether or not the harassment was intentional, it was still illegal. A federal court ruled in 2011 that the calls were defamatory, and threatened the debtor’s neighbors and employer.
The Fair Debt Collections Practices Act (FDCPA) regulates debt collectors’ behavior and protects consumers. However, it doesn’t eliminate the need to pay debts, which is why ignoring lawsuit summonses is a huge mistake. In addition, if you don’t respond to a lawsuit summons, you lose your right to defend yourself in court. If you plan to file a lawsuit for harassment, you should document all complaints and write a log detailing all violations of the FDCPA.