We understand that some collection companies will take extreme measures when demanding payment on your debt. We'll help put an end to those humiliating creditor calls.
Protections Under the Fair Debt Collection Practices Act
Many laws are set in place to protect individuals from the unlawful and harassing actions often displayed by debt collectors. These laws restrict the practices of collection agencies from engaging in aggressive practices that are classified as harassment. The Fair Debt Collection Practices Act (FDCPA) is on your side to put an end to the threats and abusive behaviors of debt collectors.
Once you retain the legal services of a bankruptcy
attorney in Buffalo, an automatic stay is placed on
all debt collection practices. At Smith & Messina
LLP, we can help you protect your rights and ensure
that the debt collection agency is held responsible
for its abusive actions.
Unlawful Actions of Debt Collectors
You can be comforted by the regulations set in place by the FDCPA. This act provides consumers with relief from harassing, deceptive, and abusive tactics taken by debt collectors.
Common collection actions that are not permitted include:
Disclosing your debt to third parties
Using abusive or profane language during communication
Reporting or threatening to report false information
Calling outside the hours of 8am and 9pm
Contacting you in any manner after a written request to stop has been submitted
If a debt collector or collection agency intentionally violates the FDCPA, they can be sued for damages. Do not allow this type of abuse to damage your hope or your future. Take legal action today and schedule a case evaluation. We have the resources to provide you with a personalized evaluation of your case and to help you navigate each step of bankruptcy process.
View our free
case evauation form to set up a
Restrictions of Creditors
Creditors are restricted by constraints regarding how they can and cannot interact with debtors to collect payments
The FDCPA prohibits specific acts when it comes to collecting debts, including:
Contacting consumers outside the hours of 8:00 am and 9:00 pm.
Communicating with the debtor in any way after receiving written notice to stop
Continuous phone calls
Misrepresentation or deceit
Publishing the consumer's name or address
Threatening arrest or legal action
Abusive or profane language
Have Questions About Where To Begin?
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