Stop All Creditor Harassment
In our 30 years of practicing law in Washington State, we've seen some pretty extreme examples of creditor harassment. Creditors have done everything from demanding payment from our client's bosses to stalking our clients' elderly parents. Creditors can go too far. When they do, they violate Washington State and federal law. This is when you should call us.
For over 30 combined years, our expert Spokane legal team has protected our neighbors from creditor harassment. We've got the harassment to stop and even sued and won damages for our clients if they didn't. If you feel like creditors are bullying you, call our team in Spokane County now. We'll review your case for free and make a plan to end the madness.
What Is Creditor Harassment?Creditor harassment is when a creditor uses unfair or illegal tactics to pressure you into paying a debt. Under 15 U.S.C. § 1692, the Fair Debt Collection Practices Act (FDCPA) states that creditors cannot use abusive or deceptive practices to collect a debt, including:
- “(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.
- (2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.
- (3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a(f) or 1681b(3)1 of this title.
- (4) The advertisement for sale of any debt to coerce payment of the debt.
- (5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
- (6) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller's identity.”
If you're experiencing these types of behaviors from your creditors, you might be a victim of creditor harassment.
What Does Washington Law Say About Creditor Harassment?Washington has two primary laws that govern debt collection, including:
- Washington State Consumer Protection Act (RCW 19.86): Washington State also protects consumers from unfair or deceptive practices. Under RCW 19.86, any unfair or deceptive trade practices, including creditor harassment, are prohibited. If creditors violate this law, you can sue them for damages and win compensation.
- Washington Debt Collection Laws (RCW 19.16): In Washington State, debt collectors can't garnish your wages or seize your property without a court order. They also cannot use threats or aggressive tactics to pressure you into paying.
Between Washington State and federal laws, you have a lot of legal protection from creditor harassment.
What To Do If Creditors Are Harassing You In SpokaneYou don't have to deal with creditor harassment. You have legal rights. Here's how to get harassing collectors to stop:
- Document Creditor Communications: Write down the name of the person you spoke with and the details of the discussion. Also, always take note of the date and time.
- Request a Cease-and-Desist Letter: Under the FDCPA, debt collectors must stop contacting you when you send them a written request asking them to stop contacting you. Once the creditor receives this letter, they must cease contact, except for sending a final notice of the debt or any other legal action.
- Consult Our Spokane Legal Team: If the harassment doesn't stop or you're unsure of your rights, reach out to an attorney. We can help end the harassment and guide you through the best options for managing your debt.
- Report The Harassment: If creditors keep contacting you after you've sent a cease-and-desist letter, we'll assist you in reporting them to the governing bodies. When you report creditors to the Federal Trade Commission (FTC) and/or the Consumer Financial Protection Bureau (CFPB) for harassment, they will open an investigation. We'll also help you report them to the Washington State Attorney General's Office for local oversight.
- Consider Bankruptcy: Thinking about bankruptcy? If creditor harassment is getting too much and your debts are starting to pile up, bankruptcy might be just what you need. Both Chapters 7 and 13 come with an automatic stay, which stops all collection activities right away. Under 11 U.S.C. § 362, that means creditors can't contact you or take any legal action like garnishing your wages while your bankruptcy is in progress.
At our Spokane-based law firm, we have over 30 years of experience helping clients stop creditor harassment and find lasting solutions to their debt problems. We're committed to guiding you through this difficult time so you can focus on your financial recovery without the constant pressure from creditors.
Can I Sue Creditors For Harassment In Spokane?If creditors continue to harass you after you've filed for bankruptcy or after you've sent a cease-and-desist letter, they could be violating the law. Under the protections of the FDCPA, you can sue debt collectors for harassment. Our team can help you take legal action against creditors who break the rules.
Our Spokane Attorneys Answer Your Creditor Harassment FAQsA: As soon as we file your bankruptcy, the automatic stay under 11 U.S. Code § 362 goes into effect, stopping creditor harassment immediately. Whether you're facing calls, letters, or legal actions, everything must cease the moment we file your bankruptcy case. If harassment continues, we can help you take legal action.
A: Yes, the automatic stay under 11 U.S. Code § 362 halts any wage garnishments from creditors immediately upon filing for bankruptcy. This allows you to keep more of your paycheck while your bankruptcy case works through the court.
A: When you file for bankruptcy in Washington State, the automatic stay under 11 U.S. Code § 362 stops lawsuits and judgments in their tracks. If creditors are suing you or have a judgment against you, bankruptcy will prevent any further legal action, like wage garnishments or property liens. At the same time, you work toward discharging your debts.
Our Experienced Spokane Attorney Will Stop The Harassment
You don't have to deal with creditor harassment. Under Washington State and federal law, any bullying, threats, or harassment is illegal. We'll review your case and make the madness stop. Call our Spokane County legal offices now and schedule a free consultation.