Protect Yourself From Abusive Debt Collectors

Just because you are behind on payments, or haven’t been able to pay your bills when due, does not mean your creditors have the right to harass or belittle you. Believe it or not, some laws protect your rights to ensure creditors do not harass, oppress, or abuse you in their efforts to collect on past bills. This law is called the “Fair Debt Collection Practice Act” or FDCPA for short. Just a few of the activities which would cause a creditor to violate the law include:

  • Asking you to pay more than you owe
  • Asking you to pay interest, fees, or expenses that are not allowed by law
  • Calling repeatedly or continuously
  • Using obscene, profane, or abusive language
  • Calling before 8:00 am or after 9:00 pm
  • Calling at times the collector knew or should know are inconvenient
  • Using or threatening to use violence if you don’t pay the debt
  • Threatening action they cannot or will not take
  • Illegally informing a third party about your alleged debt
  • Repeatedly calling others to get your location information

If you believe you have been the victim of any of these abusive tactics, be sure to keep an accurate record/log of all violations, including date, time, and summary of the conversation. If you have been a victim of an FDCPA violation, the law provides the debt collector must generally pay your attorney fees and damages as a result of their conduct. Call our office today if you believe you have been the victim of any of the above violations.

Frequently Asked Questions

Q1: What services do your Indianapolis bankruptcy law offices offer?
A1: Our Indianapolis law offices specialize in helping individuals manage overwhelming debt. We provide legal guidance on bankruptcy options to eliminate or reduce your financial obligations. Additionally, we are dedicated to protecting you from abusive and unlawful practices by debt collectors, ensuring your rights are upheld throughout the process.

Q2: What is the Fair Debt Collection Practice Act (FDCPA)?
A2: The Fair Debt Collection Practice Act, or FDCPA, is a federal law specifically designed to protect consumers from harassment and unfair treatment by debt collectors. It outlines a clear set of rules that collectors must follow, prohibiting deceptive, abusive, and oppressive tactics when attempting to collect a debt.

Q3: What types of actions by debt collectors are prohibited under the FDCPA?
A3: The FDCPA prohibits various abusive tactics. These include making calls at inappropriate hours, using profane language, repeatedly calling, threatening violence, or discussing your debt with unauthorized third parties. It also makes it illegal for collectors to demand more money than you owe or threaten actions they cannot legally take.

Q4: How can bankruptcy help me deal with abusive debt collectors?
A4: Filing for bankruptcy provides significant protection, including an ‘automatic stay’ that immediately stops most debt collection activities, including calls and lawsuits. Beyond halting harassment, bankruptcy offers a legal path to either discharge many types of debt or reorganize your payments, helping you regain control of your financial future.

Q5: What should I do if I’m experiencing debt collector harassment?
A5: If you believe a debt collector is violating your rights, it’s crucial to document every incident, including dates, times, and details of their behavior. Then, you should promptly seek legal advice from an attorney experienced in consumer protection and bankruptcy law. They can assess your situation and help enforce your rights.

Q6: How can I learn more or speak with an attorney from your firm?
A6: To discuss your unique debt situation and explore your legal options, we encourage you to contact our Indianapolis law office today. You can reach out to schedule a confidential consultation with one of our experienced attorneys. We are here to provide the support and guidance you need.