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 initial 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 any contact
- 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:
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They must identify themselves when contacting a third party
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They are not allowed to identify their employer unless they are asked
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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 initial case evaluation.