The weight of debt can be overwhelming, especially when it comes to the, seemingly, never-ending harassment from creditors. Thankfully, you have rights and protections that can help you put an end to debt collection harassment.
If you’re struggling with the weight of debt in Auburn or Opelika, Alabama, you, unfortunately, may be all too familiar with the harassing phone calls, threatening letters, and other aggressive tactics used by debt collectors.
The constant harassment can be overwhelming and make your financial situation even more stressful. However, as a resident of Alabama, you have rights and protections under federal and state laws that can help you put an end to debt harassment. Here are a few ways you can improve your financial situation and put a stop to debt collection harassment from David S. Clark, an experienced bankruptcy attorney in Opelika, Alabama.
DISCLAIMER: The following blog post is just advice, and you will be better served to call David S. Clark with your bankruptcy questions. This blog contains helpful tips and advice, but is not professional legal advice, and shouldn’t treated as such.
Need Bankruptcy Help?
The Fair Debt Collection Practices Act (FDCPA)
The Fair Debt Collection Practices Act (FDCPA) is a federal law that regulates the behavior of debt collectors and provides Auburn or Opelika residents with certain rights when dealing with a multitude of debt collection activities. Under the FDCPA, debt collectors are prohibited from engaging in abusive or unfair practices, including:
- Harassment, such as making repeated phone calls, using profane language, or even threatening violence.
- False or misleading representations, such as a misrepresentation of the amount of debt, falsely claiming to be an attorney or government representative, or threatening legal action they do not intend to take.
- Unfair practices, such as unauthorized fees or charges to debts.
Unfortunately, this doesn’t always stop creditors, as debt collection harassment can even continue after you’ve filed for bankruptcy.
What if a Creditor Contacts Me During Bankruptcy?
Under Section 524 of the U.S. Bankruptcy Code, once your debt has been discharged through bankruptcy, you are protected by what is known as the “automatic stay”. This legal action is immediately ordered and enforced by the bankruptcy court in Auburn or Opelika, preventing any creditor from taking further action against you.
The automatic stay makes it illegal for creditors to contact you in an attempt to collect any debt that has been discharged through bankruptcy. This means they cannot call, email, visit, or take any other action to collect a debt from you.
It’s important to note that not all debts are discharged through bankruptcy, so it’s essential to understand which debts are eligible for discharge in your specific case.
Unfortunately, there are instances when creditors still attempt to contact you, which violates the protections of the automatic stay. If a creditor knowingly and willfully violates the automatic stay with the intent to collect a debt, the court can impose sanctions against the creditor with the assistance of your bankruptcy attorney.
David S. Clark, Your Dedicated Bankruptcy Attorney
If you are being harassed by unethical debt collection tactics, it is important to seek the help of a trusted Auburn and Opelika bankruptcy attorney to fight on your behalf. David S. Clark has years of experience and understands how overwhelming debt, bankruptcy, and creditors can be.
If you are an Auburn or Opelika resident facing debt collection harassment, contact David S. Clark as soon as possible to discuss your situation in complete confidentiality.
DISCLAIMER: The above blog post is just advice, and you will be better served to call David S. Clark with your bankruptcy questions. This blog contains helpful tips and advice, but is not professional legal advice, and shouldn’t treated as such.