Have You Been the Victim of Over-Aggressive Collection Efforts?

Debtors Have Rights

Many people who find themselves unable to make monthly payments on their accounts have been victimized by aggressive creditors or collection agencies. Debt collectors and creditors all too frequently harass consumers who miss payments by calling incessantly, calling and hanging up when the consumer answers her telephone, threatening to contact friends or family members, calling at work after being asked to call only the home number, or calling late at night or at other inconvenient times.

Most people assume that if they are responsible for the original account, they have no rights against creditors or debt collectors. However, there are laws designed to protect you from harassment!

Fair Debt Collection Practices Act (FDCPA)

Has any collection agency (not the original creditor, but an assignee):

• made any threats of violence against you?
• used obscene/profane language which you found abusive?
• called repeatedly or continuously?
• called without disclosing an identity?
• made false representations as to association with the US or a state; the character, amount, or status of the debt; or that non-payment will result in arrest or imprisonment or garnishment/seizure of any property?
• falsely represented that the consumer has committed a crime?
• threatened to communicate credit information which is known or should be known to be false?
• charged unauthorized (in original contract) fees, charges or expenses?
• indicated on an envelope that the sender is in the business of collecting debts?
• threatened to bring legal action in its own name?
• made unauthorized entry into a dwelling to seize property?
• repeatedly contacted a non-debtor or stated to a non-debtor that you owe a debt?
• contacted you at unusual time or place which should be known to be inconvenient (time outside of 8am - 9pm)?
• continued communications after notice of stop in writing?

The above conduct by debt collectors is prohibited under federal law.  ("Debt collector" excludes the creditor, an affiliate, U.S. officers, and attorneys collecting on behalf of a client.) 

You are entitled to have any of the above conduct cease immediately.  If the caller or writer’s actions are repeated especially harmful, you may also be entitled to monetary damages.

Stop Illegal Creditor Harassment

If you think you may be a victim of the above conduct or other illegal collection efforts, keep a record of all calls or notices received, including the date and time of calls, the caller's name, statements or threats made, and any expenses you have incurred due to the conduct. 

Then call our offices to make an appointment to discuss the collection efforts: (207) 283-3777. We actively pursue creditors who have violated the law.

Unfair Debt Collection

Illegal Creditor Harassment

In this section:

• Victim of Over-Agressive Collection Efforts

• 10/04/10 - Molleur Law's Efforts Lead to Halt in GMAC Foreclosures
• 03/19/09 - BAP Reverses Bankruptcy Court

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