Idaho Creditor Harassment Attorney

Protect Your Rights

Consumers who have experienced financial setbacks and problems with debt are often subjected to a number of debt collection activities. In recent years, debt collection has become a profitable business and numerous creditors and lenders actually sell delinquent debts to third party agencies that do whatever they can to make their money. As a result, consumers have been forced to endure a great deal of unfair, deceptive and abusive conduct at the hands of third party debt collection agencies. If you are currently facing debt collection harassment, bankruptcy, as well as several consumer protection acts, can protect your right to fair treatment.

Automatic Stay Protection
When you file a formal bankruptcy petition, the court will issue an immediate court order for an automatic stay. This automatic stay protects you from collection activities while your bankruptcy is pending, including wage garnishments, lawsuits, foreclosure proceedings and debt collection phone calls. Creditors or third party debt collection agencies that violate the automatic stay can be held responsible for their failure to comply with the court order. In addition, creditors and debt collectors are prevented from pursuing any collection activities against you after your debts have been officially discharged.

Fair Debt Collection Practices Act (FDCPA)
The majority of consumer rights are outlined in the Fair Debt Collection Practices Act (FDCPA). Essentially, the legislation protects consumers against unfair and abusive collective practices. There are a number of abusive and deceptive acts collectors are prohibited from using against consumers. Some of these include:

  • Contacting consumers outside of the hours of 8:00 am and 9:00 pm
  • Excessive phone calls in one day
  • Misrepresentation or deceit
  • Threating arrest or legal action
  • Abusive or profane language
  • Failure to cease after written communication from consumer
  • Contacting consumer at work when advised that it is prohibited or unacceptable

Although you may feel that you have little rights as a consumer in debt, the fact remains that U.S. bankruptcy and consumer protection law provides you with certain protections. For example, consumers who feel as though they have been victims of harassment under the FDCPA can pursue legal actions against the responsible parties.

Experienced Attorneys on Your Side

At Avery Law, our Idaho bankruptcy attorneys treat every client with the respect and dignity they deserve. Here to help you through whatever it is you need, our legal team can help protect you against creditor and collection harassment and assist you in exercising your legal rights. If you would like to learn more about working with a legal team that has more than 28 years of experience, schedule a free initial consultation or contact Avery Law today.