Southern Idaho Bankruptcy Attorneys Protecting Clients from Creditor Harassment
The bankruptcy group at Foley Freeman provides comprehensive debt relief services to individuals and businesses in the Treasure Valley and throughout southern Idaho. For many people facing financial hardship, dealing with creditors can become more than just a nuisance. When a creditor’s behavior crosses the line into creditor harassment, we help our clients put an end to abuse and intimidation.
Filing for Bankruptcy Stops Creditor Harassment
At Foley Freeman, we help consumers and businesses throughout southern Idaho receive debt relief by filing for chapter 7, 11, or 13 bankruptcy. As soon as a bankruptcy petition is filed, creditors are no longer allowed to send harassing letters or make debt collection calls that threaten wage garnishment, repossession, foreclosure, and other legal actions. If one or more of these legal actions has already been commenced, the creditor must stop proceeding in the action.
Once a debtor is under the protection of the bankruptcy court, he or she only has to deal with the court and the designated bankruptcy trustee, rather than with the creditors themselves. If a creditor continues to pursue collection efforts after being informed of the bankruptcy proceedings, the creditor may be liable for court sanctions as well as damages under the Fair Debt Collection Practices Act (FDCPA).
Stopping Bill Collector Abuse
The FDCPA also prohibits collection agencies and bill collectors from using abusive, unfair, or deceptive practices in their collection efforts, such as:
- Verbal abuse and intimidation, including threats and profane language
- Lying about the amount of money owed or the consequences for non-payment
- Calling on the phone repeatedly with the intent to harass, disturb, or annoy
- Publishing a person’s name as someone who refuses to pay debts
- Advertising the sale of a debt to coerce payment of the debt
In addition, the FDCPA prohibits collection agencies and bill collectors from contacting debtors before 8:00 in the morning or after 9:00 at night without consent, and it precludes them from contacting people at work if they are told calls cannot be received there. In fact, bill collectors must stop contacting a person altogether if they told to do so.
Seek Relief from Harassing Debt Collectors
If you are behind on bills and debt payments, creditors are not above using intimidation and scare tactics to receive money from you. At Foley Freeman, we help our clients take advantage of the protections offered by federal bankruptcy laws to stop creditor harassment. For more information, please contact our offices to schedule a consultation with one of our highly experienced Idaho bankruptcy attorneys.