Recently in Creditor Abuse Category

August 24, 2011

My Coral Springs Creditors Aren't Calling Me Anymore. Should I Worry?

phone ringing.jpgWhen your phone stops ringing off the hook, that is a huge relief! What does it mean though? The truthful answer is "I don't know." It's impossible to know why creditors stop calling with any degree of accuracy. Sometimes they go on to other debts and start calling those people - a fresh list so to speak. Sometimes, they stop calling because they are ready to file a lawsuit and the case has been sent to their attorney. Suing you is not an abusive tactic although it might feel like one. Creditors have the right to go to court to try and collect money that is owed to them.

You shouldn't be terrified of a lawsuit. A lawsuit is nothing more than a legal process by which the creditor has to prove you owe them money and that they are entitled to collect it. You have rights in this legal process also. You have to the right to defend yourself if you don't think you owe the money. Often I see lawsuits filed that don't comply with the local evidence rules for filing lawsuits. Creditors often choose lawsuits as a last resort because of the expenses involved. Defending a lawsuit is expensive also. If you try to do it yourself, you almost always get into trouble because the credit company has a lawyer and they know the rules of the court better than you may. When more than one credit card company sues you, the option of defending lawsuits gets expensive and there's no guarantee that you will win. Ignoring a lawsuit is NEVER a good option. That always results in a final judgment against you that the creditor can enforce in other ways.

A better option is usually (but not always) to file for bankruptcy protection under Chapter 7 or Chapter 13 and start over again. We can help you look through all your options and decide on what's best for you in your particular situation.

August 15, 2011

Why Do Creditors Keep Harassing Me?

FDCPA.bmpWhen you owe money to a creditor, their options for collecting are usually pretty limited unless they file a lawsuit. They often start by blowing up your telephone with several calls a day. They fill up your mailbox with letters from their collection department, their attorneys and debt collection companies. More aggressive creditors will call you at work -- even though you tell them to stop and they have also been reported to call neighbors and family members. I am often asked if there are laws against these tactics and the answer is yes.

The Fair Credit Collection Practices Act (FDCPA), prohibits all of these things that the creditors are doing. The FDCPA prohibits contact with family members (except spouses). The law prohibits credit collectors from calling you at inconvenient times - defined as before 8:00 a.m. or after 9:00 p.m. FDCPA also bars repetitive phone calls or the use of bad words or abusive language. The creditor can't threaten to file a lawsuit when there is no intent to do so. Debt collectors also cannot continue to contact you after you have told them that you are represented by a lawyer.

FDCPA sounds really good doesn't it? So why do creditors keep calling and harassing you after you've asked them to stop? Or why do they call you fifty times a day when they know that they can't? Because the law doesn't offer much help when it comes to enforcing its' provisions. If a creditor violates the FDCPA, you can bring a lawsuit but the damages are capped at $1,000. Bringing an individual lawsuit is very expensive and these cases are often difficult to prove. Most of the cases brought under this Act are class action lawsuits (suing on behalf of groups of people with the similar issue) but these cases are also few and far in between because of the legal hurdles.

A stronger deterrent for creditors are the protections offered through the bankruptcy code. Bankruptcy could also be a way for you to completely eliminate your debt or restructure the repayment into something you can afford.

August 3, 2011

Can a Coral Springs Creditor Seize My Car or House?

Repo car.jpgAnother common threat by creditors trying to collect money is "We are going to take your house and your car!" I even had one person tell me that they threatened to take their pet!

Rest assured that a creditor cannot just come over to your house and take any property from you without legal authority. Simply owing them money is not "legal authority" that will allow this. They must first file a lawsuit and get a court order allowing them to collect the money legally and involuntarily from you. That means that they have to go through the expense of hiring a lawyer and filing a lawsuit. Before going through the expense of a lawsuit, they usually send letters and phone calls for months trying to collect without having to spend the money.

Don't let creditors steal your peace of mind with their threats. You have many options available to you and you also have legal rights. Call or email our office today for a free consultation and find out how existing laws can help you stop the creditor abuse.

July 14, 2011

Can A Fort Lauderdale Creditor Put Me In Jail If I Don't Pay My Credit Card?

Debtors prison.bmpCreditors have often driven people into our office by threatening to arrest them for not paying. I'm always shocked when I hear this because it's such a clear violation of credit collection laws and creditors know this. However, we also have a huge Latin population in South Florida and in their native countries, I am told that they can be jailed for not paying debts. No doubt that this tactic has worked on many people who have fled their country because of such allowable abuse. This is not the case in Florida or the United States.

So let's clearly state it here: You cannot be arrested and put in jail for a civil debt owed to a credit card company or a bank.

Normally, the only time you can be arrested is when you break a criminal law or if you do not obey an order of the court in a family matter (these are called contempt orders). If you fail to follow the order of a court, you are being jailed for contempt most of the time - not for owing money. You must obey court orders if they tell you to pay money to someone. If you can't pay, then you must talk to the court and work something out. You just can't ignore court orders.

With that said, owing money to a person or or a credit card company is not a crime and it's not something that you can be put in jail for. The United States does not have "debtors' prisons." A creditor can take your money through garnishment or other involuntary measures only after they have gone through the legal process of filing a lawsuit and obtaining a final judgment against you.