Creditor Harassment

Phoenix Creditor Harassment Attorney

Representation from Our Phoenix Bankruptcy Lawyers

As you fight to resolve the current debt situation you are facing, you may be faced with the overpowering stress that debt causes. One of the most difficult consequences of debt is the pressure brought about from creditors and collection agencies to obtain the money they are owed. In some cases, they will employ methods of harassment or abuse for debt collection. At other times, they may take legal steps against you through a lawsuit. Discuss your situation with the knowledgeable Phoenix bankruptcy lawyer!

Defense Against Creditor Lawsuits in Arizona

If you have steady income or assets of value, you could potentially be sued by your creditors for back-due payments. This could be extremely costly for you.

Other legal steps a creditor can take include:

If you are served with a debt collection lawsuit, we can help you address the matter by providing you with defense or helping you negotiate a settlement. Depending on the circumstances, we may potentially find grounds for filing a complaint or counterclaim against the creditor, such as if you never received the promised goods or services from the creditor or the goods or services were defective.

Protections Under the FDCPA

Although creditors have a legal right to obtain the debts owed to them, lenders and collection agencies are required to abide by the regulations set forth in the Fair Debt Collection Practices Act (FDCPA). These are meant to protect debtors.

Actions that collection agencies, creditors, and lenders must take:

  • Identifying themselves during every time they communicate
  • Informing the creditor of their right to dispute the debt
  • Providing an official verification of the debt if consumer requests it
  • Filing a lawsuit through the correct venue

Actions that collection agencies, creditors, or lenders CANNOT engage in:

  • Contacting debtor before 8:00 a.m. or after 9:00 p.m.
  • Impersonating a law officer or attorney
  • Repeatedly calling in a harassing fashion
  • Contacting a debtor who has an attorney
  • Contacting a debtor at work if their employee disapproves
  • Using threats of violence, loss of security, or other matters
  • Contacting a debtor after they have received a letter requesting they stop 
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