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Stop All Creditor Harassment
Are you facing relentless calls, threats, or letters from creditors? Then you know how overwhelming it can be. If you are in Seattle and find yourself struggling with debt, you have certain legal protections that can stop this kind of creditor harassment immediately. Washington State laws, alongside federal regulations, provide ways to put an end to these intrusive and harassing collection practices.
A Seattle bankruptcy attorney is also a good source of information when considering ways to stop creditor harassment in its tracks.
What Constitutes Creditor Harassment in Seattle?Creditor harassment can include any or all of the following:
- Frequent, excessive, late-night phone calls
- Threats of legal action without any basis
- Using obscene or abusive language
- Misrepresenting the amount you owe
- Contacting your employer or family about the debt
Here is what you need to know about your rights under Washington State and federal law.
- Fair Debt Collection Practices Act: The FDCPA is a federal law (15 U.S.C. §1692) that prohibits debt collectors from engaging in behavior that is abusive, unfair, or deceptive. While it applies to third-party debt collectors, it doesn’t apply to the original creditors.
- Washington Collection Agency Act: Under RCW 19.16.250, Washington State law expands on FDCPA protections by regulating how collection agencies can operate.
- Automatic Stay in Bankruptcy: Filing for bankruptcy under Chapter 7 or Chapter 13 immediately stops creditor harassment. The automatic stay (11 U.S.C. §362) prevents collection attempts, including phone calls, wage garnishments, and lawsuits.
- Telephone Consumer Protection Act (TCPA): This limits how and when creditors can call you, including some restrictions on robocalls and automated messages.
If you are facing aggressive debt collection practices and want relief, here is what you can do.
- Send a Written Cease and Desist Letter: Under the FDCPA, you have the right to demand that your creditors stop calling you. You can send a letter via certified mail stating this in clear terms.
- Keep Records of Creditor Communications: Make sure to maintain a log of all phone calls, letters, and any threats you receive. This documentation will prove useful if you decide to file a complaint or take any legal action.
- Report Violations to the Authorities: If you find that the debt collector violates anything outlined above, you can file a complaint with the following:
- Consider Legal Action: You may also find that you are entitled to damages if they continue to illegally harass you. File a lawsuit under the FDCPA. This allows for statutory damages up to $1,000 plus attorney fees.
A bankruptcy filing in King County can help provide you with some much-needed relief from constant creditor harassment. In addition to stopping creditors from contacting you with the automatic stay, there is also the following:
- Debt Discharge: In Chapter 7 bankruptcy, eligible debts are completely wiped out and your creditors no longer have a legal right to collect on them
- Debt Repayment Plans: In Chapter 13 bankruptcy, you can reorganize your debts into a manageable payment plan and this will also stop all collections and legal actions.
- Attorney Representation: A bankruptcy attorney in King County can handle all communications with your creditors, so you don’t have to continue dealing with them directly.
When you find yourself struggling with overwhelming debt, and the collection practices are becoming too much to handle, it might be time to consult an experienced Seattle bankruptcy attorney who can:
- Evaluate your financial situation and educate you on your legal options
- Stop creditor harassment immediately through legal protections
- Help you file for bankruptcy if necessary
Will Filing for Bankruptcy Permanently Stop Harassment?
Yes. Once your bankruptcy is filed, creditors can no longer collect any discharged debt. Otherwise, they can face legal penalties.
Do Medical Debts Qualify for Creditor Harassment Protections?
Yes. Your medical debt is subject to the same debt collection laws as other types of consumer debt, meaning you are protected from harassment under the FDCPA.
When Can Creditors Not Call?
Under the FDCPA, debt collectors can’t call you before 8 am or after 9 pm in your local time zone. However, if you also inform them that certain times are inconvenient for you, such as during your work hours, they have to avoid calling you during those times.
What Is the Difference Between Debt Settlement and Bankruptcy?
- Debt Settlement: This involves negotiating with your creditors in an attempt to reduce the total amount you owe. While it can stop creditor harassment temporarily, creditors can still choose to pursue collections if an agreement isn’t reached.
- Bankruptcy: This is a legal process that can eliminate or restructure your debt. It offers immediate protection from creditor harassment through an automatic stay and prevents all collection efforts from happening while your case is active.
What Is the 777 Rule With Debt Collectors?
The 777 Rule is a term sometimes used to refer to the collection process, which follows certain steps after the creditor has contacted you (the debtor).
- 7 Days: The debt collector has to wait at least 7 days after first contacting you before taking any further action.
- 7 Attempts: Debt collectors can make up to 7 attempts to contact you by phone or other means within a set period.
- 7 Years: Negative marks from debt collection can remain on your credit report for up to 7 years and affect your score.
The 777 Rule isn’t considered a formal law but reflects the common timeframes that often appear during different debt collection scenarios.
Take Action Today With a Qualified Washington State Bankruptcy Attorney
You don’t have to face creditor harassment alone. A Seattle bankruptcy attorney can provide the protection and relief you need. Let us help you explore your legal options and put an end to creditor harassment once and for all.
