Creditor Harassment Attorney in Richmond
Exercise Your FDCPA Rights Against Harassment in Virginia
If you’re behind on payments for any type of debt, the consequences can be severe. Depending on the debt, you might experience constant collection calls, the threat of foreclosure, or even a lawsuit.
However, you have rights as a consumer. While debt collection is legal, creditor harassment is not—but that doesn’t stop countless collection agencies from resorting to illegal methods to take what you owe. Our attorney is personally and professionally dedicated to protecting consumers from this harassment, and you can trust Flores Law PLLC to help you expose any and all violations of your rights.
Don’t handle this issue on your own. Call our Richmond creditor harassment lawyer at (804) 315-0810 or contact us online today for a free consultation.
What Is Creditor Harassment?
The Fair Debt Collection Practices Act (FDCPA) prohibits harassment from creditors and debt collectors, covering every type of debt except business debt. To take full advantage of this legal protection, you must first understand what constitutes harassment.
The FDCPA prohibits the following debt collection tactics:
- Repetitious, harassing phone calls
- Phone calls made after 9 pm or before 8 am
- Calls made to your place of work if they’ve been told not to call there
- Threats of violence or harm
- Obscene or profane language
- Deceit through misrepresenting themselves or what you owe
- False claims that you’ll be arrested or sued
- Collection of interest or fees on top of what you owe
- Premature deposits of post-dated checks
- Seizure (or threats of seizure) of your property unless they have the contractual right to do so
When faced with creditor harassment, many people believe they have no line of defense. They simply do their best to come up with the money they owe. Alternatively, they file bankruptcy to take advantage of the automatic stay.
While bankruptcy is a powerful solution to unmanageable debt, this should not be your first step if creditors or debt collectors are violating your rights. Many victims of creditor harassment can take creditors or debt collectors to court and obtain compensation that covers or even exceeds the amount they owe. As a result, bankruptcy may not be necessary.
What to Do When Facing Creditor Harassment?
Facing creditor harassment can be overwhelming, but there are immediate steps you can take to protect yourself:
- Document All Contact: Keep a detailed record of any calls, letters, emails, or other communications you receive from creditors or collection agencies. Record dates, times, and the names of the individuals contacting you. This information can be valuable in proving harassment if legal action becomes necessary.
- Do Not Ignore the Debt: While ignoring harassing calls may be tempting, unaddressed debt can lead to further complications, including potential lawsuits. Responding with the help of a qualified attorney can help stop the harassment while addressing any underlying debt issues.
- Know Your Rights: The FDCPA protects you from unethical collection practices. Creditors cannot call excessively, make threats, use profane language, or contact you at inconvenient times. They are also prohibited from contacting you at work if you request they stop. Familiarizing yourself with these rights can help you identify illegal practices and respond confidently.
- Request Verification of the Debt: If you're uncertain about the legitimacy of a debt, request verification. Under the FDCPA, creditors must provide information on the origin, amount, and terms of the debt if requested within 30 days of initial contact. This step can help confirm whether you genuinely owe the debt and prevent you from being wrongfully pursued.
- Consider Formal Complaints: If a creditor or collection agency repeatedly violates your rights, file a complaint with the Consumer Financial Protection Bureau (CFPB) or your state’s attorney general's office. Taking these steps can also provide a formal record of the harassment and serve as a precursor to potential legal action.
- Consult with a Creditor Harassment Attorney: While the above steps can help manage creditor harassment, a skilled attorney can take more powerful measures on your behalf, ensuring creditors respect your rights and stop illegal practices.
How Our Creditor Harassment Lawyer Can Help You
We can assist you by:
- Evaluate the Creditor's Actions for Violations: A thorough review of creditor communications is crucial to identify any breaches of the FDCPA or other debt collection laws. We assess each interaction and communication, documenting instances of excessive calling, threats, or abusive language. This documentation serves as the foundation for demanding a halt to harassment and pursuing potential damages.
- File a Cease and Desist Letter: A cease and desist letter formally demands that the creditor or collection agency stop contacting you, which they are legally required to honor. We draft and send these letters on your behalf, informing creditors of your legal representation and establishing a clear boundary. This step often provides immediate relief, as creditors are likely to comply to avoid further legal repercussions.
- Represent You in Settlement Negotiations: If you owe a valid debt, settling or restructuring it might be the best approach to ending creditor harassment. We engage with creditors on your behalf, working to negotiate terms that fit your financial situation while halting unlawful tactics. Settlement negotiations led by an attorney can reduce the overall debt amount, extend payment timelines, and prevent further harassment.
- Hold Harassing Creditors Accountable Through Legal Action: When creditors persist with illegal harassment tactics, filing a lawsuit can be the most effective way to stop them and potentially secure compensation. We are prepared to pursue legal action against creditors who ignore cease and desist orders, engage in abusive practices, or knowingly violate consumer protection laws. Clients may be eligible for statutory damages, compensation for emotional distress, and reimbursement for legal fees, reinforcing their right to fair treatment.
- Protect You from Wage Garnishment and Asset Seizure: Some creditors may escalate debt collection by pursuing garnishments or liens on your assets. We work to prevent these aggressive actions by contesting their validity and negotiating alternative resolutions. In many cases, wage garnishment or asset seizure can be avoided by demonstrating harassment or illegal collection practices, providing clients with crucial financial relief.
Contact Our Richmond Creditor Harassment Lawyer Today
To overcome debt-related challenges such as creditor harassment, you need a lawyer who can find a solution based on your specific circumstances. You also need a professional who will make time for your needs, giving you the personal and empathetic attention you deserve during this challenging time.
At Flores Law PLLC, this is exactly what you will experience. Many people who are overwhelmed with debt or suffering from creditor harassment come to our firm feeling ashamed of their circumstances, which is why we take the time to reassure you that this is not your fault and that financial freedom is closer than you think. This is how we form genuine, lasting relationships with every local client we serve.
Contact Flores Law PLLC today to get started with our creditor harassment attorney in Richmond.
"He's the best professional I've seen, everything went perfect in our process thanks to Flores team. I'm definitely asking them for help if any legal representation is needed in the future."
- Jerry R.