Can bankruptcy help you escape abusive debt collectors?

| Mar 23, 2021 | Bankruptcy |

When you fall into debt, it can create many stressors in your life. The last thing you need is a debt collector getting on your case. Unfortunately, abuse from debt collectors is an all too common issue.

Is there any way that you can circumvent this? If you are already suffering from debt collector harassment, how can you stop it?

FDCPA banned collection practices

The Consumer Financial Protection Bureau shows plenty of information about debt collectors. This includes the forms of harassment a debt collector may commit, along with ways that you can stop this from happening.

The Fair Debt Collection Practices Act (FDCPA) bans debt collectors from behaving in certain ways. Some of the banned behaviors include:

  • Making verbally threatening remarks
  • Using profane or obscene language
  • Calling at all hours or without identifying themselves
  • Parking within the vicinity of your home

Misrepresentative behaviors are also banned. This includes lying about the amount you owe or pretending to be an attorney. Debt collectors also cannot make threats they will not follow through on, or cannot follow through on.

Dealing with debt collectors

There are several ways you can circumvent this issue. Of course, you can use the FDCPA to file a lawsuit against the debt collector. If you win the case, they usually have to pay your legal fees on top of potential damages.

You may also file for bankruptcy. This puts a halt to all debt collecting, no matter whether or not the debt collector was abiding by the law. It can give you the time you need to regain your bearings before dealing with your debt.