The Fifth and 14th amendments to the U.S. Constitution basically guarantee that no citizen may be deprived of property without due process of law. In short, that is why the debt collectors send so many letters and make so many phone calls. The court process is a rather expensive and difficult process. Therefore, a creditor may do little other than to harass you into paying that overdue bill. Talk to our experienced credit harassment attorneys to discuss your rights.
The Fair Debt Collection Practices Act, largely administered by the Federal Trade Commission, contains a variety of rules that define creditor harassment. Some are axiomatic and well known while others are a bit more esoteric and unknown. Generally speaking, the following constitute creditor harassment:
At least one debt buyer violates at least one of these rules every day. However, because of the number of debt buyers and bill collectors, the federal government has a difficult time effectively regulating this industry.
The moment your attorney files a voluntary bankruptcy petition, creditor contact with you becomes illegal. This automatic stay makes bankruptcy the most effective way to stop creditor harassment. Unless they apply for and obtain permission from the bankruptcy judge, creditors are unable to take any action against you for the duration of your bankruptcy.
A creditor may attempt to flaunt the court’s order and continue to harass you. The debt buyer may offer an excuse about lack of notice or a technical flaw. Your Rockville attorneys can file an action with the bankruptcy court to punish the debt buyer for violating the automatic stay. Generally speaking, judges take a very dim view of persons or entities that show contempt for the judge’s direct order or the bankruptcy laws
Facing mountains of debt can be stressful enough without the additional headache of constant harassment. If you feel over burdened by creditors hounding you about your mounting bills, one of our dedicated bankruptcy attorneys can help end the harassment and help you set up a plan to get back on a firm financial footing.
At Wolff & Orenstein, LLC, our attorneys have more than 60 years of combined bankruptcy experience and are well known for their quality work in Frederick, Montgomery, Prince George’s County and throughout Maryland. Our lawyers are very much aware of what the debt buyers and creditors legally can and cannot do. For a complimentary initial consultation, contact our bankruptcy law firm at 301.250.7232 or online to discuss your case.
In Memoriam It is with heavy hearts that we commemorate the life and legacy of our beloved Founding Member, Michael G. Wolff. Michael's distinguished career in the legal field was characterized by unwavering dedication and a commitment to excellence that left an indelible mark on all who had the privilege of knowing him. Over the…
Commercial Litigation & Consumer Law Firm Attorney Biography:Jeffrey M. Orenstein is a skilled commercial litigator with a particular emphasis on bankruptcy litigation. He has been appointed to serve as Bankruptcy Trustee and Examiner in complex Chapter 11 cases. For more than 25 years, he has represented bankruptcy estates, bankruptcy trustees in multiple jurisdictions, creditors and…
Biography Matthew E. Abbott is the latest attorney to join the Wolff & Orenstein, LLC team. Matthew graduated from American University Washington College of Law in 2019 after working for Wolff & Orenstein, LLC and the Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) as a law clerk. Prior to…