David R. Black Bankruptcy Law Blog on Lawyers.com

When people experience a sudden job loss, severe illness, or other unfortunate life event, they may find it difficult to meet financial obligations such as credit card bills, doctor bills, or car payments.

When creditors see late or missed payments, they can turn the delinquent account over to a third-party debt collection agency to pursue the debtor.  Since there are financial incentives for successful debt collection, many bill collectors resort to aggressive, unethical, or illegal practices now prohibited by a federal law known as the Fair Debt Collection Practices Act (FDCPA).  

Established by the Federal Trade Commission (FTC), the FDCPA prohibits third-party debt collectors from using physical, financial, or personal threats or harassment. 

FDCPA makes harassment illegal

Some unscrupulous debt collectors charge more than the original balance owed, or tack on extra finance charges or unreasonable terms.  They also play games like misapplying payments to debts that are not owed, or denying receipt of a payment altogether.

Bill collectors may threaten to harm a debtor physically or have him or her put behind bars.   They could threaten to destroy personal property or other criminal activity to pressure debtors into paying, or issue fraudulent legal notices that make debtors believe a lawsuit or judgment was filed against them.

But the most common form of creditor abuse is personal harassment of debtors, including inappropriate calls at odd or late hours or use of obscene or intimidating language.  Bill collectors also embarrass debtors by calling their employers, friends, and family about the debt.

The FDCPA and many state laws now protect the debtors from these abuses and provide legal tools to stop the harassment.  A Chester County bankruptcy lawyer can help issue a Cease and Desist Letter to collection agencies, take them to small claims court, or file for bankruptcy, which imposes an automatic stay that halts credit collections.

Contact us today

If collection agencies are harassing you in the Media, Pennsylvania area, including Chester and Delaware counties, and you need the help of a bankruptcy law firm, please call the David R. Black’s Bankruptcy Legal Group or contact us to schedule a free consultation today. 

David R. Black, Esq.
327 West Front Street
Media, PA 19063
(610) 566-8500