Creditor Harassment Lawyers in White Plains, NY
Reputable & Competent Legal Representation
One unfortunate result of failing to pay your debts in a timely manner is creditor harassment. While creditors and collection agencies are allowed to contact you via phone, mail, or email, they are subject to state and federal rules prohibiting harassing or abusive behavior. If you find that you have been harassed by a creditor or collection agency as an individual or as a business, you may have legal recourse.
Aside from using solutions like bankruptcy to resolve your debt, you can discuss how to fight back against creditor harassment with one of our attorneys at the Law Office of Charles A. Higgs. Our firm is dedicated to helping you resolve all aspects of your financial dilemma and can take legal action on your behalf to protect you and even sue a creditor who has violated state or federal laws. We understand that falling behind on your financial obligations, whether as an individual or a business, is stressful enough without further abuse from creditors.
The Fair Debt Collection Practices Act (FDCPA)
The FDCPA outlines strict laws when it comes to harassing, abusive, or misleading behavior levied against consumers by creditors and collection agencies or anyone a creditor hires to collect on a debt. This federal law applies to all kinds of debt, from credit card bills to vehicle loans, medical or dental bills, utility bills, or mortgages.
Under the FDCPA, the following behaviors are prohibited:
- Threatening physical violence
- Using profane language
- Making repeated phone calls and intending to annoy or harass
- Threatening to engage in illegal actions against you or your property
- Threatening to start a lawsuit when not intending to follow through
- Making false statements about the source of the debt or what is owed
- Claiming to be part of law enforcement or another government agency
- Claiming to be an attorney
- Billing you for fees or fines that are not part of what you legitimately owe
- Calling before 8 a.m. or after 9 p.m.
- Contacting you when you have hired an attorney to represent you
- Contacting your employer when you have expressly asked them not to do so
- Contacting or threatening to contact third parties about your debt, such as relatives or neighbors
- Contacting you after you have expressly asked them to cease and desist (unless the communication concerns actions being taken that are allowed under the law)
If a creditor violates any aspect of the FDCPA, you may be able to initiate a lawsuit against the company, seeking up to $1,000 in damages along with any court costs and legal fees.
The state of New York also provides its own set of regulations regarding how a creditor may deal with consumers. Under the New York State of Financial Services, creditors must provide you with a disclosure when first contacting you which states your protections under the FDCPA. It also must inform you that certain types of income cannot be seized to pay your debt. These are just a few of the state-specific regulations that protect you, and our bankruptcy attorneys in New York can inform you on all aspects of both the FDCPA and the state’s regulations regarding creditor behavior and action.
“Mr. Higgs followed my case from start to finish and did an excellent job.”- Beth
“He was able to walk me through this process so I could put my debt issues behind me.”- Former Client
“Mr. Higgs took the time and energy to understand every nuance, proposed alternative strategies, and in a single day.”- John