There Is No Charge For The First Consultation: 903-266-1843
Law Office of
Gordon Mosley
Bg Prac Icon1
Bg Prac Icon2
Real Estate and Bankruptcy
Bg Prac Icon3
Stopping Creditors
Bg Prac Icon4
Common Concerns & Questions About Bankruptcy

Rely on the FDCPA to stop creditor harassment

| Aug 22, 2019 | Creditors' Rights |

Far too many Texans are overwhelmed with debt. Regardless of how they ended up in that position, they don’t deserve to be subjected to seemingly endless creditor harassment. Yet, despite valiant efforts by state and federal regulators, many of these debtors are subjected to annoying, and sometimes frightening debt collection practices. This is why those who are struggling with their debt may want to ensure that they are familiar with the protections afforded by the Fair Debt Collection Practices Act. Doing so may end creditor harassment.

Under this federal law, creditors are extremely restricted in the ways that they can contact a debtor. For example, without consent of the debtor or a court order, a creditor cannot contact a debtor during inconvenient times and at inconvenient places. If a creditor doesn’t know what constitutes an inconvenient time, then the law specifies that contact can only occur between 8 a.m. and 9 p.m. Also, creditors are not allowed to contact a debtor at his or her place of work, and if the debtor is represented by an attorney then communications must pass through that legal representative.

The Fair Debt Collection Practices Act also gives debtors the power to put a halt to creditor communications altogether. If a debtor provides written notice to a creditor that he or she does not intent to pay a debt or no longer wishes to receive communications from a creditor, then the creditor must halt communications except to provide notice that debt collection practices are being ceased and that certain legal remedies are being sought.

Dealing with overwhelming debt is stressful enough. Having to deal with overly aggressive and sometimes threatening creditors is a whole other level of burden that indebted Texans don’t deserve. So, those who feel harassed by a creditor should consider seeking legal counsel not only to protect themselves and their interests, but also to create a debt relief plan that gives them the long-term financial security they need to be free of these creditors, hopefully once and for all.