Debt Harassment Lawyer
Debt Harassment in South Florida
When you’re behind on your bills, it can seem like the walls are closing in on you. Each day, it seems like there’s another phone call or letter demanding that you pay your debt. While debt collectors are able to contact you as long as you haven’t filed for bankruptcy, they cannot harass you. Unfortunately, far too many debt collectors disregard federal and state laws and harass consumers, making an already challenging situation worse.
The law is on your side if a debt collector is harassing you. Contact a South Florida debt harassment lawyer to go over your case and your legal options.
Illegal Debt Collection Activities
State and federal laws outlaw some collection activities. These practices include:
- Demanding a higher payment than what you owe
- Contacting you at work after you asked them to stop
- Using profane or abusive language
- Making verbal threats
- Threatening false legal action
- Calling before 8 a.m. or after 9 p.m.
- Telling friends, family, or neighbors about the debt
- Continuing to contact you after you tell them to stop
- Continuing communications after knowing that you’ve retained a lawyer
Stop The Harassment And Get Out Of Debt
A South Florida debt harassment lawyer can put a stop to communications from the debt collector. First, your attorney will contact the debt collector directly. After explaining that you have retained an attorney, he or she will advise that all communications will go through the law firm. At this point, the creditor cannot legally contact you. If the creditor continues to do so, it will be an FDCPA violation.
Along with stopping the harassment, your attorney can advise you of your legal options to get out of debt. First, the attorney might have the collection agency validate the debt. If it’s not valid, the collection agency must drop collection efforts. Your attorney might also advise you to file for Chapter 7 or Chapter 13 bankruptcy. Filing for bankruptcy also stops all collections efforts.
Suing For Creditor Harassment
If you are the victim of creditor harassment, you can file a lawsuit for actual and statutory damages. Actual damages refer to the amount of money that you lost as a result of the violation. If you don’t have any actual damages, you can still sue for statutory damages and collect up to $1,000. Also, you can collect up to $1,500 per robocall violation.
Along with damages, you can also collect attorney’s fees if your suit is successful. That means the creditor will pay your South Florida debt harassment lawyer, so you won’t have to cover legal fees.
Why Choose Santos Law offices
- Free Consultation – Go over your case during the free phone consultation.
- Highly Rated – The firm has received numerous rave reviews and recommendations on Google and Avvo.
- Bilingual – Dalyla Santos and the staff at The Santos Law Offices are fluent in English and Spanish, ensuring that each client receives proper representation.
- Multiple Practice Areas – The Santos Law Offices specializes in bankruptcy, civil litigation, insurance claims, and immigration.
- Personalized and Affordable Legal Services – Dalyla Santos truly cares about her clients. She provides personalized and affordable legal services to help individuals and citizens throughout South Florida.
- A Firm With Purpose – The Santos Law Offices gives back to the community through pro bono work, mentorships, and charitable donations. Also, employees are supported and recognized for the work they do.
Will Filing For Bankruptcy Stop Harassment?
If your debt is valid and you cannot afford to pay it, filing for Chapter 7 or Chapter 13 bankruptcy might be your best path forward. Collection efforts must stop as soon as you file for bankruptcy. That means you won’t receive harassing phone calls or letters. Also, your debt will be discharged or restructured, depending on the type of bankruptcy you choose. Filing for bankruptcy is a serious decision that you should discuss with an attorney before moving forward.
Statute Of Limitations For Debt
Has it been more than five years since you made a payment on your debt? If so, the statute of limitations has passed, and the creditor must stop trying to collect on the debt. However, the time will reset if you make payment. Because this is confusing, it’s wise to contact a South Florida debt harassment attorney if you think the statute of limitations is up. The attorney will review your payment history and contact the debt collector to end collection efforts if enough time has passed. Also, your attorney can file a suit if any violations have occurred.