Consumer Debt Harassment
Protecting debtors’ rights
As the faltering economy has caused a debt crisis, more and more consumers are being pursued to pay what they owe. Unfortunately, not every debt collection agency abides by the rules established by the Fair Debt Collection Practices Act (FDCPA) to protect consumers.
Just because you owe someone money does not permit them to intimidate, threaten, or harass you.
At The The Giatras Law Firm, PLLC, we know what conduct is permissible, and what is not, and how best to hold debt collection companies responsible when they fail to comply with the FDCPA. You should know that you have rights under the law, including the right to file a lawsuit against a company that engages in threatening collection tactics.
We will evaluate the circumstances of your case and guide you through an appropriate resolution.
Restricted collection conduct under the FDCPA
Debt collectors cannot:
- Threaten violence or harm
- Publish your name as someone who refuses to pay your debts (providing this information to credit reporting companies is permitted)
- Use obscene or profane language
- Call you repeatedly
- Call you at unreasonable hours
- Make false statements
- Claim they are attorneys or government representatives
- Falsely state that you have committed a crime
- Tell you they work for a credit reporting company, when they do not
- Lie about the amount you owe
- Misrepresent whether papers they send are or are not legal forms
- Say that you will be arrested if you do not pay
- Tell you they will take your property or wages, unless they are legally permitted to do so
- Threaten legal action if doing so would be illegal or if they do not intend to take such action
- Give false credit information about you to anyone
- Send you a form that looks like a formal government or court document when it is not
- Use a false company name
- Try to collect interest or fees not provided by state law or your contract with your creditor
- Deposit a post-dated check early
- Contact you by postcard
Dealing with your personal injury or criminal defense matter may seem overwhelming. Trust The The Giatras Law Firm, PLLC in Charleston, West Virginia to handle it and provide you peace of mind. We offer a no-risk, free consultation for personal injury cases only, and evening and weekend appointments. We make home and hospital visits when necessary. Contact us. We can help.