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What Should I Do if a Creditor is Harassing me in Wisconsin?
Owing money to a creditor is never fun. We typically feel guilt or shame and are likely doing whatever we can to take care of the situation and return to a good place. Life is not perfect. It can happen to the best of us, no matter how well we have planned for the future; most of us are just one or two unforeseen circumstances away from debt problems. You are not alone in this frustrating journey. That does not mean you have to sit back and be harassed by a creditor. You have the right to protect yourself and stop creditor harassment for good. Read further to find out more.
Is the Debt Valid and Yours?
Unfortunately, mistakes and scams are both common. First, verify that the debt is, in fact, yours and that it is valid. If you don’t recognize the debt in question, ask for more information so you can verify that it is yours and that it is an outstanding debt. You have a legal right to further information regarding the debt so you can verify that it is yours and is within the statute of limitations. Then, contact an experienced attorney to determine whether or not the statute of limitations has expired on the specific debt in question.
What Laws Are in Place to Protect Me?
On the federal level, the Fair Debt Collection Practices Act or FDCPA was created to expressly limit where, when, and even how a collector can contact a consumer. For example, a collector should assume that a reasonably convenient time to contact the consumer is between 8 AM and 9 PM, and calls outside that reasonable time may result in significant violations.
These laws also stipulate that the collector has five days after contacting you regarding debt to send you a written confirmation, including the name of the original creditor, the amount owed, and further information regarding any disputes you may have and how to handle them within the allotted timeframe.
Can a Debt Collector Legally Contact Me at Work?
Generally speaking, the FDCPA protects consumers from calls at work regarding debt collection. If there is a reasonable expectation that a consumer must not accept calls at an inconvenient or unusual place, such as their place of employment, this can be a violation. Careers such as being a surgeon, a teacher, and more would be examples of reasonable places that would make debt collection calls off limits. This can also include emails and texts while at work. If you make the debt collector aware that your employer doesn’t allow these calls while at work, they are no longer able to contact you legally regarding your debt.
What Steps Can I Take to Stop the Harassment?
First things first, document everything. Having thorough documentation of the attempts at contacting you is vital to proving harassment. This includes things like what time the contact occurred, what was said, and any other contact a collector may have had with you (whether it be email, text, or letters) and more. Harassment can take on many forms and doesn’t necessarily mean that threats or profanity are being used in an attempt to collect a debt. As discussed above, harassment can include things like contacting you at work or outside the reasonable parameters of time to contact a consumer.
You can also send a certified letter to the debt collector expressing that you want the communication to cease. This strictly limits any further communication from the collector.
Working with an experienced attorney can answer questions specific to your situation and provide clarity and resolution to the issues you are experiencing. We can provide valuable insight into how to proceed, whether or not the communication consists of harassment, and more.
Do I Need an Attorney?
You can enforce your legal rights offered to you by the FDCPA and on the state level. Some consumers choose to handle this themselves by utilizing the steps listed above.
However, an experienced collections attorney can provide invaluable insight. We have worked with several other consumers just like you and are thoroughly familiar with the laws in place to protect consumers and what violations look like.
If violations can be proven, compensation may be awarded to you. There is also an option to pursue damages, such as compensation for pain and suffering, humiliation, embarrassment, and anxiety.
No two situations are the exact same. Speaking with an experienced attorney can give you the satisfaction of knowing you did all you could to protect yourself. It can also provide a sense of peace knowing that you have an advocate in your corner to help you protect yourself from further harassment.
Contact West & Dunn today at 608-975-3042 to speak with a qualified and compassionate attorney who can help you formulate a plan to protect yourself moving forward. Our legal advisors have spent years assisting clients in defending themselves, and we are confident in our ability to help you, too.
