The thing that often drives most people to think about bankruptcy is creditor harassment. Some creditors will go to nearly any means to get you to pay them back. However, you don’t have to jump to bankruptcy to stop creditor harassment, even though it would work. Here are several things that you can do to stop creditor harassment according to credit harassment laws.
Cease and Desist Letters
The first legal step that you can take is to send a cease and desist letter. It does not have to be drafted by a lawyer if you know how to do it correctly, but it is a good idea to have a lawyer either write or review it. Sending a cease and desist letter is a legal action, and failing to comply with it opens the creditor up to other legal actions.
File Complaints With State and Federal Agencies
If the harassment is excessive and ongoing, you can file a complaint with the state agency or federal agencies that oversee these kinds of problems. Every state has an agency that deals with business and credit complaints, and you should be able to file a complaint online.
Otherwise, you can report the harassment to the Federal Trade Commission or the Consumer Financial Protection Bureau. Both agencies can investigate and take action against the creditor to make it stop.
Sue For Harassment
You can also sue the company for harassment with the help of a creditor harassment lawyer. There are creditor harassment laws that you can file claims for, which may make the creditor back off. However, filing a lawsuit may also get the creditor to file a lawsuit against you for the debt.
This should not stop you if you are being harassed since there are other options that you can take to deal with a lawsuit, but you should be aware that starting a legal action may trigger one in return.
File For Bankruptcy
Ultimately, you can file for bankruptcy to stop the harassment. Once you file for bankruptcy, it is illegal for any creditor to contact you once they have been informed of the filing. If they do contact you, provide them with your lawyer’s information, and then stop talking to the creditor. Keep track of any further attempts to contact you and provide your lawyer with the information so they can take legal action if needed.
Contact a Bankruptcy Attorney for Help
A bankruptcy attorney can help you start the bankruptcy process, which can stop creditor harassment. If you think that bankruptcy may be the right way to help you get out of debt, then discuss your case with a bankruptcy attorney to see if it is the right option. Contact Kain + Henehan by calling (612) 438-8006 or filling out the online form, and let us review your case.
