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What constitutes creditor abuse or harassment?

If you've fallen behind in making payments on a loan or some other type of debt that you have, then it's likely that you've already started receiving calls from debt collectors. While they may already have reached the point of being annoying, their collection efforts are only illegal under the Fair Debt Collection Practices Act (FDCPA) if they rise to the level of being abusive or harassing. You may wonder what types of behaviors fall under this umbrella.

Debt collectors must reveal who they are when they call you up. They're prohibited by law from threatening you with violence or some other type of physical or reputational harm if you don't pay any amount that you owe. The FDCPA also makes it unlawful for a bill collector to use profanity in speaking with you. Any creditor that repeatedly calls their debtor solely to annoy them may be deemed to have violated FDCPA as well.

There's a code of ethics that creditors must abide by to remain in compliance with the FDCPA. These individuals must be upfront with their debtors when letting them how much they owe. Creditors cannot claim to be attorneys or tell debtors that they plan to take legal action that they're not going to pursue. Creditors who threaten to have you arrested may be held liable for violating the FDCPA as well.

Creditors tend to become increasingly aggressive the more time that passes that they try and fail to collect on any debts that they're owed. This is often when creditors venture down a path of harassment and making false representations about their capabilities.

If you suspect that you've been treated unlawfully, then you should have a creditor harassment/automatic stay attorney review any evidence of it that you've compiled. Your Morristown lawyer may advise you of your right to recover compensation for the ill-treatment that you've endured at the hands of your creditors here in New Jersey.

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Ast & Schmidt, P.C.

Ast & Schmidt, P.C.
222 Ridgedale Avenue 3rd Floor
P.O. Box 1309
Morristown, New Jersey 07962

Phone: 973-984-1300
Fax: 973-984-1478
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