Law Office of Gordon Mosley
Is bullying by a collections agency harassment?
On Behalf of Law Office of Gordon Mosley

Living in a situation where you’re behind on bills, you are aware that you may have those debts sent to a collections agency. The agents working for those agencies then call, send letters and do their best to contact you to collect a debt.


You might have gotten used to getting repeated calls or mailers from the collections agency, but what you should never get used to is creditor harassment. Debt collection agencies are bound by law not to intimidate, abuse, bully, browbeat or coerce consumers into paying off their debts. For example, it’s unlawful for debt collectors to curse at you or to make repeated calls that are intended to annoy you.

The Fair Debt Collection Practices Act

The federal government has a law in place to put restrictions on what debt collectors can say or how they can act when they’re attempting to collect a debt. The Fair Debt Collection Practices Act covers the collection of many types of debts, such as:


  • Credit card debts
  • Mortgages
  • Medical debts
  • Personal debts



There are rules set into place by this act. For example, if the debt collector knows that you’re represented by an attorney, then they usually have to stop contacting you directly. Debt collectors are not allowed to harass you or others over the phone or through other kinds of contact. Additionally, if you are not allowed to receive communications at work, then the debt collector should not call you or contact you there once they’ve been informed.


On top of all this, debt collectors aren’t allowed to contact you at unusual times or in unusual places. They are usually bound to calling no sooner than 8 a.m. or after 9 p.m.

What should you do if you’re being bullied by an agent?

At the beginning of most calls, the agent will tell you that the call is being recorded. If they did not, the call may not have been, which makes it harder to prove that you were harassed. What you can do is take the agent’s name and information, write down the time they called and what they said, and ask to speak with their manager or supervisor. You should also look into your legal options since bullying and harassment is a violation of federal law.

By On Behalf of Law Office of Gordon Mosley 21 Feb, 2022
During the day, you may have the ability to keep your financial worries somewhat at bay by concentrating on other tasks. However, when the time comes to get in bed for the night, those thoughts that stayed at the edge of your mind all day may come flooding forward. How will you make your next credit card payment? When will the next creditor call? What can you do about your garnished wages? These concerns affect numerous people who must contend with overwhelming debt. No matter what led to your debt, you do have options for effectively addressing those liabilities. In particular, bankruptcy may act as a significant step toward a fresh financial start. However, you may wonder whether taking this action really suits your circumstances. Has action been taken against you? When you face overwhelming debt, you may also face letters and calls from creditors every day. Over time, you may have become adept at avoiding these attempts at contact or requested a stop to such actions. However, more significant actions may have been taken against you with which bankruptcy may be able to help. Two actions that may make you consider this debt relief option more seriously include: Wage garnishment: If creditors are directly garnishing wages from your paychecks in attempts to pay your outstanding balances, you already face serious financial trouble. You may need every penny you earn to make ends meet as it is, and when you cannot hold on to your wages, bankruptcy may be able to help stop garnishments. Lawsuits: When creditors feel that they cannot effectively get you to pay your balances on their own, they may sue you for payment. Lawsuits are serious matters that could cause you to face even more financial strife while also facing orders to pay your liabilities. Fortunately, bankruptcy could help stop judgments in such cases. Because these actions can have serious outcomes, taking steps to stop them may help you in the long run. Can you attempt other debt relief methods? If you are not yet facing wage garnishments or lawsuits, you may wonder whether you could first attempt other actions before bankruptcy. Certainly, creditor negotiation and credit counseling could act as possible avenues to try. Of course, not all creditors feel willing to negotiate, and you may still need to address your full balances. Additionally, you may want to remain wary of services which claim they can reduce your debt or help you become debt free as many of these claims turn into scams that cost unsuspecting individuals more money. Though it can be frightening to consider such a major action, exploring your bankruptcy options further may help you get your financial affairs in order and bring back your restful sleep.
By On Behalf of Law Office of Gordon Mosley 21 Feb, 2022
No matter what you do, you just can’t seem to get your head above water financially. In the last little while you’ve experienced loss of income, or you’ve had unexpected emergency expenses that you had to put on credit cards, or you or a loved one may have suffered a serious medical event, costing your family a small fortune. Maybe it was a combination of these or other hardships. Now you need help, but feel you are a bad person for seeking debt relief. There is and always has been a certain stigma surrounding bankruptcy in the United States. The truth of the matter is, Texas residents who need financial help are not bad people and no one should make them feel bad for asking for help. It is their right to pursue bankruptcy if it is what will best serve their interests. Stigmas attached to bankruptcy There are three types of stigmas often associated with bankruptcy. These are: Financial Emotional Social Emotional and social stigmas are often combined. They refer to how you see yourself after pursing a bankruptcy filing and how you believe people view you. People are afraid to let others down or do not want others to know they are struggling. When drowning in debt, the only thing that should concern you is fixing the situation. It shouldn’t matter how you do it and it really is no concern of anybody else’s. You do what will best serve you. The financial stigma sounds bad, but it can be a good motivator. Will your credit score go down if you file for bankruptcy? Yes. Will it stay that way forever? Will you be financially doomed for the rest of your life for seeking relief? No. While credit recovery after bankruptcy can take time, it is possible to do if you take full advantage of the bankruptcy filing and are cautious in your future financial decisions. Don’t let the stigmas stop you At the end of the day, you have to do what is best for you and your family. That may involve pursuing a bankruptcy filing and that is okay — it does not make you a bad person. Don’t let the stigmas stop you from seeking the relief you need. If you are not sure if it is the best course of action, you can seek legal counsel on the matter and then go from there.
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