Creditor Harassment Attorney in McAllen, Texas
Under Texas law, creditors and debt collectors are prohibited from harassing and abusing consumers while trying to recover debts. While creditors are permitted to interact reasonably with debtors, using deceptive means or continuous calls at odd hours is forbidden. This may be regarded as creditor harassment.
If you are facing financial distress and overwhelmed with endless calls and demand letters from debt collection agencies, retaining a seasoned Texas bankruptcy attorney is imperative to protect your legal rights. At Oliva Law Bankruptcy, give reliable advocacy and clear legal direction to clients in matters of bankruptcy and creditor harassment.
Our accomplished attorneys can listen to your specific situation, strategize an effective approach to protect your rights, and analyze your available bankruptcy options to achieve relief. In addition, we will handle any continuous creditor calls and help negotiate a feasible repayment arrangement with your creditors.
Oliva Law Bankruptcy proudly serves clients across McAllen, Harlingen, Brownsville, Corpus Christi, and throughout the Rio Grande Valley, Texas.
Understanding Creditor Harassment
Creditor harassment – also known as creditor calls or bill collector calls – occurs when a debt collector or creditor uses unethical, deceptive, and threatening means to seek money owed from a debtor. This also comprises all provoking actions, such as coercing, abusing, intimidating, browbeating, or bullying, done by the debt collector to recover debts from consumers.
Furthermore, creditor calls could happen over the phone, through emails, demand letters, direct mail, or texts. It may also involve calling you at odd hours or discussing your debt with family members, employers, friends, and neighbors.
What Are Creditors Allowed To Do vs. What is Considered “Harassment”?
If you are yet to file for bankruptcy, creditors and debt collectors can reach out to you through calls, texts, or letters between 8 a.m. and 9 p.m., but at reasonable intervals. However, once the creditor calls become endless or repeated at short intervals, it may be considered harassment.
The Fair Debt Collection Practices Act (FDCPA)
According to the Federal Fair Debt Collection Practices Act, debt collectors are prohibited from using any false, abusive, harassing practices or misleading representation to recover debts from debtors. Also, a consumer can request proof that they owe the money the debt collector is trying to recover.
Will Filing for Bankruptcy Stop Creditor Harassment?
Yes. Under U.S. bankruptcy laws, once a debtor files their bankruptcy petition, an “automatic stay” order goes into effect. This is a federal court injunction that instructs all creditors to stop contacting the consumer and halt all debt collection efforts and pending legal actions.
What’s more, the automatic stay injunction explicitly states that creditors and debt collectors are not allowed to:
Send texts, letters, or emails
Foreclose on your home
Repossess your collateral
Place a lien on your property
File or continue a lawsuit
The automatic stay order will protect the consumer from all creditor harassment tactics, such as endless calls, emails, demand letters, and texts.
What If the Creditor Ignores the Automatic Stay Order?
However, it is illegal for a creditor to harass a debtor who has filed for bankruptcy. If a creditor or debt collector fails to comply with the automatic stay order and continues calling or harassing you, you should notify your Texas bankruptcy attorney straight away. Your lawyer can take appropriate legal action against the non-compliant creditor and help seek relief.
Do I Need A Bankruptcy Lawyer?
When overburdened with debts and receiving endless calls, texts, or demand letters from creditors, filing for bankruptcy remains a promising solution to achieve debt relief and stop creditor calls.
However, filing for bankruptcy is a huge decision that needs thoughtful consideration and experienced guidance. Therefore, when overwhelmed with huge debts and harassing calls, consulting with a practiced bankruptcy attorney is imperative for detailed guidance and to protect your legal rights.
At Oliva Law, our attorneys have devoted their careers to advising and guiding clients through the complex bankruptcy filing process. As your legal counsel, we can evaluate your unique financial circumstances and determine the ideal bankruptcy chapter for you.
In addition, we will help negotiate with creditors to create the best possible arrangement for your debts. Our legal team will also help handle any ongoing creditor harassment, advise you on rebuilding your credit, and take adequate precautions to help you create a stable financial future.
Creditor Harassment Attorney Serving McAllen, Texas
If you continue to receive endless calls, texts, emails, and demand letters from creditors, call Oliva Law Bankruptcy today to arrange a straightforward consultation. Our dedicated legal team can help protect your rights and help you navigate crucial decisions in your bankruptcy case. We proudly serve clients across McAllen, Harlingen, Brownsville, Corpus Christi, Laredo, and throughout the Rio Grande Valley, Texas.