Bankruptcy and Creditor Harassment
Are you being constantly harassed by credit collectors? Are credit collector
Under federal bankruptcy laws, when you file for chapter 7 or chapter 13 bankruptcy in Oklahoma, an automatic stay is enacted. The automatic stay protects you from creditors collecting pre-existing debts and from creditor harassment occurring during your bankruptcy proceeding. The automatic stay also prevents creditors from garnishing your wages to pay for outstanding debts.
If you have recently filed for bankruptcy in Oklahoma or are considering filing for bankruptcy in Tulsa, and continue to suffer creditor harassment, call (918)743-2233 to speak with a creditor harassment attorney at Kania Law Office.
Fair Debt Collection Practice Act
Federal and Oklahoma State laws protect you from creditor harassment. Federal laws, such as the Fair Debt Collection Practice Act (FDCPA), prohibit credit collectors from specific conduct. The (FDCPA) was passed in 1977 to prohibit debt collectors from harassing and threatening debtors, or disclosing the existence of a debtor’s debts to their friends and family.
This means that credit collectors cannot contact you directly or indirectly, threaten you with criminal charges, use abusive language, or make any false, misleading, or deceptive statements in an attempt to collect a debt.
Even if you are not under the protection of the Oklahoma Bankruptcy Court, there are certain limitations that creditors must abide by when attempting to collect a debt from a debtor such as the following:
Call Restrictions
The creditor must contact you during designated hours of the day. For instance, in Oklahoma, a creditor cannot call your home at 1:00 a.m. inquiring about a debt owed.
2. Prohibited Disclosures
Creditors cannot disclose to other individuals that consumers owe any particular debt.
3. Proper Notice
The creditor must provide you with proper notice that a debt is in fact owed and sufficient information that details the money the debt collector seeks.
Contact our law office to stop creditor harassment today. When you hire a creditor harassment attorney, the credit collector must cease calling you under the FDCPA and talk directly to your attorney.
How to Stop Creditor Harassment in Oklahoma
If a creditor has been repeatedly harassed you about an outstanding debt, then you may be able to seek legal recourse to sue for damages.
Under Oklahoma law, you can file a complaint against a harassing creditor with the Attorney General’s Office. If the agency deems that the creditor’s conduct is in fact harrassatory, then they will contact the creditor and send them a copy of the complaint, in addition to a cease and desist demand. If the communications continue, the agency may file a lawsuit for damages against the creditor.
Further, you can also file a complaint with the Federal Trade Commission (FTC). The FTC enforces the FDCPA which provisions have been incorporated into Oklahoma’s debt collection laws which also govern debt collection practices.
Contact an Oklahoma Creditor Harassment and Bankruptcy Attorney
At Kania Law Office, our attorneys will work diligently to stop your creditors from harassing you. We know and understand that dealing with debt collectors can be a burdensome endeavor.
If you would like a free consultation, please call (918)743-2233 or fill out this form.
Bankruptcy and Creditor Harassment Lawyers
http://www.kanialaw.com/tulsa-bankruptcy-lawyers-in-oklahoma/bankruptcy-and-creditor-harassment-lawyers-tulsa.htm
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