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

