Being unable to pay your bills on time is tough enough without creditors breathing down your neck. All the phone calls, to the strongly worded letters geared towards making you pay, can leave you feeling very anxious and helpless. Some creditors may often result to extreme tactics, which you should not have to comply to.
Are you trying to figure out a solution, but having trouble focusing due to constant phone calls? Has your mailbox at home been transformed into a clutter box for frustrating letters from your creditors? Perhaps you are unaware that you are protected against creditor harassment? Let it stop here. Even though you would like to pay them off, you need quality guidance, advice and a clear mind in order to do so. However, you don’t know how or where to begin.
If your credit has gotten out of hand, contact Chang & Diamond, APC, to learn more about your debt relief options. Once you are with our Mira Mesa bankruptcy attorneys, you can stop worrying about the creditors.
Violations of the FDCPA
The Fair Debt Collection Practices Act is the legislation that regulates creditors and debt collection agencies in their efforts of collecting on consumer debt. We are vigilant about the collective measures exerted by collective agencies on any of our clients. Our involvement can stop creditor harassment, and even get compensation for damages against our clients.
Below are some of the actions from collection agencies we cannot tolerate;
- Recurring phone calls at home the entire day
- Repeated calls at work after telling them not to call there
- Calls before 8 am or past 9 pm
- Abusive/ Threatening language
- Impersonating lawyers or law enforcement
- Disclosing your debt information to unauthorized people
- Insinuation to inflict harm on your financial or credit situation
We can recover call logs, voice messages and recorded calls to expose any creditor violations against the FDCPA and effect the law to gain favor for our clients.
Protection during Bankruptcy
When you file for bankruptcy with our bankruptcy lawyers in Mira Mesa, you receive immediate protection against the slightest form of bother from your creditors. The ‘automatic stay’ prohibits creditors from taking any collective action against a debtor. Be it in the form of a call, letter, lawsuit or repossession.
In case they violate the automatic stay, any action they take against you is void, and the bankruptcy court can reverse the action. This means that even if they took your car and sold it, they would have to compensate you adequately.
Additionally, at Chang & Diamond, APC, we can go the extra mile and sue the creditors for damages. Creditors who fail to honor the automatic stay can face contempt against court sanctions and be ordered to pay bulky fines.
Protection after Bankruptcy
In our years of experience as bankruptcy attorneys in Mira Mesa, we have realized that some creditors persist in pursuing a former debtor after being discharged of their debt. As a result, we are very observant of any creditor attempt to pursue our clients after being relieved of their debt.
Since a debt discharge is like the automatic stay, we proceed to petition the bankruptcy court on your behalf. The creditor is held in contempt and can be ordered to pay court costs, fines, and compensatory damages.
At Chang & Diamond, APC, we do not tolerate creditor harassment before, during or after our clients file for bankruptcy. We believe in asserting your rights because debt doesn’t warrant your harassment. Contact our Mira Mesa bankruptcy attorneys, and we will work with you to bring the harassment to a stop.