Jeffery Philips Thought on Debt Harassment: What Does the Law Say ?
Truth be told, it is not very easy to stay debt-free, and while nobody wants to owe another, for some reasons some of which you cannot control, this still happens. For that, a good number of people today know what it means to be harassed by debt collectors.
Being in debt is one issue, failing to honor the debt repayment agreement as at when due is another. Some people are just sincerely unable to meet up, while a few others blatantly refuse to pay up, taking the agreement for granted. Herein lies the problem is and why many people experience one form of harassment or another. Some creditors consequently resort to unpleasant ways in a bid to retrieve their money.
This is what is known as debt harassment. It comes in many forms. In the form of intimidation, threats, bullying and verbal abuse through phone calls, emails, text messages and sometimes, physical abuse.
Debt Harassment: Jeffrey Phillip’s Perspective
Jeffrey Phillips is a lawyer and founder of the Phillips Dayes Law Group. In an interview, he revealed what individuals can do to protect themselves when faced with the harsh reality of debt harassment.
Per Jeffery, all debts are all covered by the Fair Debt Collection Practice Act except any incurred to set up or run a business. He further revealed that the main duty of the creditor is to come up with or work out a repayment plan, to enable the debtor easily pay up. While this is in no way easy and could be technical for the debt collector, resorting to unorthodox means is uncalled for. The job can really be done without any form of threats or harassment.
The use of these means is not only unprofessional but illegal as well. Jeffery mentioned that calling a debtor to abuse, displaying debts publicly to embarrass, threatening to arrest and imprison or using physical violence are all forms of debt harassment situations.
Jeffrey Philips also agrees with the Fair Debt Collection Practices Act of 1996, that creditors must always be professional, with the fact that debt harassment is illegal.
It Is Illegal and You Are Protected
Cases of debt harassment are on the rise. Per Consumer Financial Protection Bureau (CFPB), the body set up to protect the interest of debtors, there are at least 163 reported cases of debt harassment in two years. However, Fair Debt Collection Practice Act (FDCA) warns that creditors do not have any right to harass, oppress or victimize their debtors in any way.
This is where your lawyer could come in. There are lots of attorneys willing and ready to take up your case. For over 20 years now, the Phillips Dayes Law Group has handled over a hundred thousand cases of debt harassment.
What Can You Do?
If you collect the loan, it is only noble of you to try and keep to your own end of the bargain. However, when you find yourself being harassed by your creditor, you can warn him to stop the act, be it through phone calls, threatening text messages, intimidation, and the rest. You can also send him a certified letter to desist from such acts. Although, it has been proven many times that these scarcely work.
Per Jeffery, a creditor has no right to contact you anytime or anywhere as he likes, without your consent. To avoid this, pen and mail a letter to your creditor telling him to desist from any harassment. This, however, does not cancel your debt and you can still be sued by the debt collector. Your creditor is not authorized to discuss your debt with others or contact them regarding it.
If the debt collector violates this law, Jeffrey advises that you submit a complaint with the CFPB online. You can as well contact the state’s attorney general. Jeffery mentioned that you can sue the company within a year of violation provided you keep a record of your contacts and communication. But if you end up being sued by your credit company, then you should respond, either in person or through an attorney.
How Can Attorneys Help You?
Debt harassment is a daunting situation. So, overwhelming, it could lead to unnecessary trauma if it goes on for long. Never hesitate to get the services of an attorney. An attorney helps you handle your debt as well as build a case against your creditor. This has proven very effective in making debt collects desist from acts of harassment.
Per Jeffery, creditors usually cease their misdemeanours when aware of the involvement of an attorney. When they refuse to stop, you are entitled to compensation because of any stress or trauma you might have experienced.