Honolulu Creditor Harassment
Hawaii Bankruptcy Firm Protects Petitioners from Creditor Harassment
Honolulu Bankruptcy Attorneys Are on Your Side, Not Your Creditor's
If you are receiving unwanted or threatening calls and letters from creditors and you decide to file for bankruptcy, you are protected from collection activity by an automatic stay the moment you file your petition. The day you submit your paperwork to the court, all collection efforts, including repossession, foreclosure, liens against your property, and wage garnishment must stop. If they don't, your creditors may face litigation.
What Bill Collectors Are Legally Prohibited from Doing
Under the provisions of the federal Fair Debt Collection Practices Act (FDCPA), creditors and their subcontracted collection agencies cannot engage in certain activities, including:
- Calling before 8 a.m. or after 9 p.m.
- Using vulgar or abusive language
- Calling you at work if you have asked them to stop
- Threatening to inform your employer
- Attempting to solicit information about you from neighbors or relatives
- Misrepresenting the amount of your debt
- Falsely claiming to be an attorney, law enforcement official, or credit bureau representative
- Making multiple calls during the same business day
- Threatening to repossessing property not related to the debt they are trying to collect
- Threatening to take legal action, garnish wages, or seize property unless they actually intend to do it
Cease Contact Letters
If you have not yet filed for bankruptcy, Federal law requires collection agencies to stop their collection efforts if they receive a written request from you to stop. The law does not apply to creditors collecting their own debts, although these creditors will often honor written requests also. If you decide to write such a letter, mail it by "Certified Mail with a Return Receipt Requested." This will require the creditor to sign for the, and you will get a receipt back to use as proof that the creditor/collection agency received it.
If you are being harassed by creditors, the bankruptcy attorneys at The Law Firm of Jean Christensen LLLC will advise you of your rights and help you get your life back. Contact us online or call 808-521-1202 to set up a free initial consultation at our Honolulu office today.