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FORECLOSURE DEFENSE / BANKRUPTCY

Debt Harassment

What is Debt Harassment?

We understand what our clients goes through when they are facing financial hardships. The most disturbing experience is to have many creditors calling to collect credit card debts, student loans, mortgages, or past-due service bills. The Federal government and many states have enacted laws to protect debtors against collector harassment.

The Fair Debt Collection Practices Act (FDCPA) states that debt collectors can't harass, oppress, or abuse you or anyone else they contact. DEBT HARASSMENT IS ILLEGAL IN THE STATE OF FLORIDA AND YOU ARE PROTECTED BY THE FAIR DEBT COLLECTION PRACTICES ACT (FDCPA). Collection agencies are permitted to recover the money owed to creditors. They are NOT permitted to use deceptive or threatening techniques to do so. We at NeJame Law want to ensure that you take full advantage of being protected by these laws.

Some examples of harassment are:

  1. Simulate in any manner a law enforcement officer or a representative of any governmental agency;
  2. Use or threaten force or violence;
  3. Tell a debtor who disputes a consumer debt that she or he or any person employing her or him will disclose to another, orally or in writing, directly or indirectly, information affecting the debtor's reputation for credit worthiness without also informing the debtor that the existence of the dispute will also be disclosed as required by subsection (6);
  4. Communicate or threaten to communicate with a debtor's employer prior to obtaining final judgment against the debtor, unless the debtor gives her or his permission in writing to contact her or his employer or acknowledges in writing the existence of the debt after the debt has been placed for collection, but this shall not prohibit a person from telling the debtor that her or his employer will be contacted if a final judgment is obtained;
  5. Disclose to a person other than the debtor or her or his family information affecting the debtor's reputation, whether or not for credit worthiness, with knowledge or reason to know that the other person does not have a legitimate business need for the information or that the information is false;
  6. Disclose information concerning the existence of a debt known to be reasonably disputed by the debtor without disclosing that fact. If a disclosure is made prior to such reasonable dispute having been asserted and written notice is received from the debtor that any part of the debt is disputed and if such dispute is reasonable, the person who made the original disclosure shall reveal upon the request of the debtor within 30 days the details of the dispute to each person to whom disclosure of the debt without notice of the dispute was made within the preceding 90 days;
  7. Willfully communicate with the debtor or any member of her or his family with such frequency as can reasonably be expected to harass the debtor or her or his family, or willfully engage in other conduct which can reasonably be expected to abuse or harass the debtor or any member of her or his family;
  8. Use profane, obscene, vulgar, or willfully abusive language in communicating with the debtor or any member of her or his family;
  9. Claim, attempt, or threaten to enforce a debt when such person knows that the debt is not legitimate or assert the existence of some other legal right when such person knows that the right does not exist;
  10. Use a communication which simulates in any manner legal or judicial process or which gives the appearance of being authorized, issued or approved by a government, governmental agency, or attorney at law, when it is not;
  11. Communicate with a debtor under the guise of an attorney by using the stationery of an attorney or forms or instruments which only attorneys are authorized to prepare;
  12. Orally communicate with a debtor in such a manner as to give the false impression or appearance that such person is or is associated with an attorney;
  13. Advertise or threaten to advertise for sale any debt as a means to enforce payment except under court order or when acting as an assignee for the benefit of a creditor;
  14. Publish or post, threaten to publish or post, or cause to be published or posted before the general public individual names or any list of names of debtors, commonly known as a deadbeat list, for the purpose of enforcing or attempting to enforce collection of consumer debts;
  15. Refuse to provide adequate identification of herself or himself or her or his employer or other entity whom she or he represents when requested to do so by a debtor from whom she or he is collecting or attempting to collect a consumer debt;
  16. Mail any communication to a debtor in an envelope or postcard with words typed, written, or printed on the outside of the envelope or postcard calculated to embarrass the debtor. An example of this would be an envelope addressed to "Deadbeat, Jane Doe" or "Deadbeat, John Doe";
  17. Communicate with the debtor between the hours of 9 p.m. and 8 a.m. in the debtor's time zone without the prior consent of the debtor;
  18. Communicate with a debtor if the person knows that the debtor is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the debtor's attorney fails to respond within a reasonable period of time to a communication from the person, unless the debtor's attorney consents to a direct communication with the debtor, or unless the debtor initiates the communication; or
  19. Cause charges to be made to any debtor for communications by concealment of the true purpose of the communication, including collect telephone calls and telegram fees.

Debt Harassment - Eligibility

You must be a consumer who made purchases for personal, home or family use, usually with a credit card or another unsecured loan.  A debt collector for that debt must have harassed you or treated you unfairly. A “debt collector” is defined as someone who is now collecting the debt after you defaulted on your payments. Debt collectors are not typically the companies who originally extended you credit. Government or state debts do not apply.

Why call a Lawyer for Debt Harassment?

  • GET PAID! YOU CAN BE ENTITLED UP TO $1,000.00 PENALTY FOR EACH VALID VIOLATION. THIS IS OF NO UPFRONT, OUT OF POCKET COST TO YOU.
  • Stop the constant harassment from creditors!
  • Stop fighting with creditors and their attorneys!
  • Call the lawyers at NeJame Law now at 407-500-0000!

When can I use Debt Harassment?

You can use the Florida Debt Harassment Protection Laws if you have a valid debt, creditors are harassing you directly or indirectly or after you retained an attorney to settle your debts the creditors are still contacting you directly to collect. If you retain an attorney for Bankruptcy, Foreclosure Defense or Debtor Workout, your attorney will send a Notice of Representation or cease-and-desist letter to the creditors. Thereafter, the creditors often try to collect directly or indirectly from you via phone calls, statements, flyers and emails. This is illegal!

What’s next?

Call NeJame Law and our attorneys with help you to take advantage of the Florida Laws that mandate penalties for such harassment (up to $1,000 for each valid incident). It is required that you keep phone call logs, screen shot of the caller ID and copies of all statements, emails or door hangers. Keep all correspondence with creditors and provide it to your debt harassment attorney at NeJame Law in Orlando, FL. These records can greatly assist you with your dispute against debt collector. Additionally, answer the phone calls, collect information on the creditor and provide it to your NeJame Law attorney. These records can help you if your NeJame Law lawyers in your pursuit of fines against the debt collector. Call us now at (407) 500-0000 or fill out the online form provided on this page and we will contact you shortly!

 

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