Miami Creditor Harassment Lawyer

Retain an Experienced Bankruptcy Attorney to Support You

Creditors are people who are seeking the repayment of your debts. Creditors can be calling from a collection agency, a credit card company, a lender, or a mortgage company. It can get confusing. Some "Creditor" calls may be a scam. You may owe the debt but need to speak with someone and just cannot get through to the right person. Perhaps you are just unable to make ends meet due to a medical debt or loss of income or property. Divorce and tax issues often lead to mounting debt. Our Miami bankruptcy lawyer cna protect you from unfair treatment or harassment from creditors and debt collectors. Don't let yourself be unfairly bullied during this difficult time!

Don't wait-Fill out a free case evaluation today to get our legal team on your side.

What Creditors Are Allowed to Do in Florida

Unfortunately, many collectors take matters too far and cross over into harassment rather than simple collection tactics. It is crucial that you obtain counsel from a seasoned Miami debt collection defense lawyer who can put a stop to these unfair practices.

If a creditor is particularly abusive, then he or she may be penalized in accordance with the Fair Debt Collection Practices Act. In some circumstances, when a creditor has abided by this Act and proceeded properly, he or she may acquire the right to sue you for your property or for the repayment of the debt.

Creditors can also foreclose on your home, and the creditor collecting your car payment has the right to repossess your vehicle if you fail to pay or refuse to pay. Creditors may also be able to garnish your wages in order to collect the amount due to them, or a creditor may file a lawsuit against you in order to obtain a judgment. All of these situations can be stressful and difficult to work out on your own; bankruptcy is often a solution to creditor problems.

Understanding Your Rights Under the FDCPA

The Fair Debt Collection Practices Act was created to prevent collectors from overstepping their boundaries and violating a consumer's personal rights. Essentially, a collector may not cheat, lie, or use any unfair practices to attempt to obtain the debts you owe. However, collectors can become abusive, easily violating this act in order to pursue their own goals.

Under the FDCPA, debt collectors are prohibited from doing any of the following:

  • Threaten physical harm or abuse if you do not pay bills
  • Call repeatedly, even after a consumer has hung up
  • Make phone calls without identifying who they are
  • Use profane language or scream while on phone
  • Contact a consumer at work continually (especially if you asked them to stop)
  • Make face or deceptive statements to attempt to get payment
  • Continually call after they have received a cease and desist letter
  • Threaten to sue or take legal action against a consumer

If you believe a creditor has violated any of these restrictions in attempt to intimidate you to pay back bills, you need to take legal action. You have rights under the FDCPA and can take legal action to hold violating collectors responsible for their illegal actions.

Automatic Stay In Bankruptcy

When you file your bankruptcy case with the United States Bankruptcy Court, an automatic stay takes immediate effect. Your creditors will be notified of your bankruptcy case filing and the automatic stay stops creditors from contacting you or taking any legal action against you. With a dedicated Miami bankruptcy attorney from Orshan, P.A. representing you in your bankruptcy case, the creditor calls come to our office.

Contact Orshan, P.A. Today

At Orshan, P.A., we can put our 25 years of insight and experience to work in your case. We will carefully review your situation and determine whether or not aggressive collectors have harassed you or violated your rights in any way. We are here to uphold your rights and are not afraid to take on deceptive collectors!

Let Orshan, P.A. provide the protection and support you need during this time! Contact us today if you are looking for protection from creditor harassment.

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