Detroit Creditor Harassment Attorney
Are you being harassed or abused by a creditor? You have rights – let us help.
As a debtor, you have rights that are protected under the federal Fair Debt Collection Practices Act. At the state level, debtors are protected under the Occupational Code. If any debt collector has been harassing or abusing you in an effort to frighten you into paying a debt, it is possible that the creditor has violated one or both laws. If so, legal action can be taken against the creditor. At the Law Offices of Marshall D. Schultz, we have extensive experience in filing lawsuits against creditors on behalf of those who have been harassed or abused. You have the opportunity to fight back and hold these companies accountable for their actions. They could be forced to pay you damages. At the Law Offices of Marshall D. Schultz, we can help you take legal action against an abusive credit collector. We know exactly what to do. Call us to discuss your situation.
How to Fight Back Against Abusive Creditors in Detroit
Credit collection firms must abide by state and federal law. They may not engage in certain types of activities, and if they have done so, must be held accountable legally for violating your rights as a consumer. These companies are restricted from doing the following:
- Contacting your family, your friends, neighbors or employer about your debts.
- Contacting you prior to 8 a.m. or after 9 p.m. in your time zone.
- Suing any obscenities, racial slurs, threats, or insulting you personally.
- Pretending to be an attorney or send you mail that was prepared to give the appearance of coming from a lawyer when it is not.
- Threaten you with an arrest for your debt.
If you have been the victim of any of these violations, contact our firm. We can assist you to file legal action against the creditor. The collection agency may be forced to pay you damages, as well as the attorney fees associated with filing the lawsuit. If you call our firm, we can help you to determine how to strike back at those firms that are overstepping the bounds of state and federal law, and violating your consumer rights.
How Collection Agencies Work
Collection agencies buy debt from other companies. For example, if you did not pay a credit card bill, after a certain amount of time, your debt will be sold to one of these companies, usually for pennies on the dollar. The collection agency bought your debt for almost nothing, and they want to get every possible cent they can out of you. In many cases, they hire on untrained personnel in "boiler rooms" that have a screen with a spreadsheet of debtors that they call all day. The goal is to collect money – and these people can be extremely motivated to do so. Some of these companies use heavy pressure tactics to try to get you to pay, and in doing so, may be violating federal or state law. If you have been called over and over within a short period of time, have been yelled at, sworn at or threatened by a creditor, you may have a case against the company.
Has a creditor threatened you with a lawsuit? If there is no intention to actually file suit, it is illegal to threaten legal action. In fact, there cannot even be an implied threat without using the word "lawsuit." If a creditor called you and has told you that your debt will now be transferred to the legal department or other type of "legal" threat, you may have a case against the collection agency. We can help you find out. Any legal letter that is sent to you must have been reviewed by an actual attorney. Any attorney suing you must be licensed in your state. When there have been violations of the law, you could collect damages, and have your attorney fees paid.
Warnings Creditors Must Give to Debtors in Spoken or Written Communication
Any creditor that contacts you must tell you their name, that they are a debt collector, and which debt they are trying to collect, as well as that anything information they get from you in the call will be used to collect the debt. Mailings must contain a warning as well. If the collector failed to give the warning they could be in legal trouble. If they contact another person to try to find you and mention that it is about a debt, they also have violated your rights. We know all of the areas in which collection agencies make errors, and we are prepared to review your situation and advise you how to stop creditor harassment. Contact us for more information about creditor harassment. We can schedule your consultation in person at our office in Southfield or Detroit, or we discuss your case over the phone.