If you’re dealing with unpaid bills, this can create a lot of stress for you and your family. When you’re contacted by creditors about the debt you owe, this can be frustrating and possibly even frightening if creditors become abusive to try to get someone to make a payment. 

Creditors do have rights when it comes to collections activity, but they also have responsibilities and restrictions under the Fair Debt Collection Practices Act. Here’s what you should know and how a seasoned Texas bankruptcy lawyer can assist you. 

Creditor Abuse Basics 

Creditor harassment and abuse happens when a company that a person owes money to is ruthless or abusive when attempting to collect the debt. Collection agencies in particular are known for harassing or abusing debtors to try to get payment, even if the debtor clearly states that they cannot afford to pay the debt. 

Sometimes, agencies will offer their employees recognition or rewards when a payment is secured on an account that has been difficult to collect on, increasing the incentive for the use of abusive collection practices.

The Fair Debt Collection Practices Act (FDCPA) Explained  

On September 20th, 1977, then-President Jimmy Carter signed into law the Fair Debt Collection Practices Act. The law was added to the Consumer Credit Protection Act to specifically address debt collector harassment. Under the Act, a debt collector cannot: 

• Call you before 8:00 in the morning or 9:00 at night 
• Contact you repeatedly 
• Tell lies about what company they are, the amount of money you owe, or the consequences of nonpayment 
• Threaten you if you cannot make a payment 
• Call you if you hire a lawyer 
• Keep calling or emailing you if you’ve filed for bankruptcy 

Creditor Harassment Examples  

Harassment and abuse from creditors can take many different forms. For example, creditors may call every day or multiple times a day, call your place of employment, ring you at odd hours of the morning or night, or make threats against you that you’ll be sued or arrested for not paying. 

Get Help Fighting Creditor Abuse From a Qualified Texas Bankruptcy Lawyer 

Don’t let abusive creditors pressure you into making payments on old debts that leave your family unable to meet basic needs like paying for food, rent, and electricity. Sims Bankruptcy Law, PLLC can help you fight creditor harassment and overcome debt. Call today for a consultation at 469-751-7467 (DFW) or 254-304-7161.