Jacksonville Creditor Harassment Lawyers
Are You Being Harassed By Debt Collectors? Call Owenby Law, P.A.
The Jacksonville bankruptcy attorneys at Owenby Law, P.A. protect the rights
of borrowers who are being pursued by creditors. When a bank or finance
company extends credit to a borrower, they assume a certain amount of
risk of non-payment. However, that does not mean that they won't aggressively
pursue borrowers for debt, which is why the Federal Trade Commission enacted
the Fair Debt Collection Practices Act.
The FDCPA limits the ability of collection agencies and creditors to harass
delinquent borrowers. At Owenby Law, P.A., we work with government agencies
like the Federal Trade Commission to ensure that our clients do not experience
unfair collection practices while they are trying to get out from underneath their debt. If you are
being harassed by creditors, please don’t wait to contact our firm
for a free initial consultation.
Ready to put an end to creditor harassment?
Call us for a free consultation!
Consumer Credit Rights & the Fair Debt Collection Practices Act
At Owenby Law, P.A., our Jacksonville bankruptcy lawyers protect borrowers
from lenders who employ unfair and illegal collection practices. The FDCPA
dictates what a lender, their agents, or lawyers can and cannot legally
do to pursue a delinquent debt. Despite the narrow restrictions placed
on banks, mortgage companies, and finance companies, these laws are broken
all of the time by unscrupulous collectors.
The Fair Debt Collection Practices Act prohibits certain activities by
credit collectors, including:
- Contacting a borrower before 8:00 a.m. or after 9:00 p.m.
- Telephone harassment, including allowing a phone to ring persistently
- Contacting a borrower after they have expressed that they no longer want
- Calling at work if they are aware that your employer does not allow collection
calls at work
- Contacting a borrower once the creditor knows that he or she is represented
by a lawyer
- Contacting the borrower after he or she has requested verification of the debt
- Publishing a borrowers name on a list of delinquent debtors
- Pursuing amounts in excess of what is legally owed by the debtor
- Threatening the debtor's arrest when it is not sanctioned by law
- Using a threatening or harassing voice, or using profanity
- Contacting third parties about the debt (i.e. a non-immediate family member)
- Reporting false information on a borrower to a credit rating agency
Can a Creditor Contact a Third Party About the Debt I Owe?
Under the FDCPA, it is illegal for a lender to contact your employer, non-immediate
family member, or other third party with the intention of harassing or
embarrassing you into repayment of your debts. Yet collectors and "skiptracers"
use this technique against borrowers who aren't represented by an
attorney. That's because the FDCPA allows third-party contacts for
the purpose of identifying your whereabouts.
When contacting third parties, creditors must following the following rules:
- They must identify themselves when contacting a third party
- They are not allowed to identify their employer unless they are asked
- They are not allowed to inform the third party about your debt
The problem is that most employers have dealt with collectors in the past
and they are familiar with the kinds of questions that a skiptracer will
ask. Consequently, whether or not your creditors follow the rules, the
point is moot: your employer will know that you are being pursued for
a debt. However, the FDCPA prohibits collectors from calling another third
party once they know you are represented by an attorney.
Owenby Law, P.A. Can Put an End to Creditor Harassment – Call Now!
If you have fallen behind on your bills and are being pursued by creditors,
you may consider seeking the advice of a qualified bankruptcy attorney
in Jacksonville—like the ones you will find at the Owenby Law, P.A.
Once you retain our services, all collection inquiries will come through
our office or the debt collector will face legal sanctions. We enforce
the FDCPA on behalf of our clients by filing complaints with the Federal
Trade Commission. If you are being pursued or harassed by creditors, it
needs to stop immediately. Contact us today for the help you need.
Contact Owenby Law, P.A. today at (904) 770-3141 for your free case evaluation.