Debt amounts can increase with each passing day, so it is essential to learn ways to help deal with it. The point when any creditor begins to hound the payment for a long, you should know that the payment hounding situation is about to occur. Hence, it would help if you took the legal way before the situation went out of your control.
There can be a rise in uncomfortable situations when creditors take charge of the situation; hence, you should know the legal remedies.
Here are some tips that can save you from creditor harassment.
Furnishing Your Rights As A Debtor
Many mistakes lead to the rise of a debt situation. One of the possible reasons for this is that a debtor is unaware of the rights. As an inclusive part of the transaction where you get subject to harassment, there is no need for you to accept any bullying or harassment from the creditor. There are some rights that you should know that are discussed as follows:
- Not getting calls repeatedly or at odd hours.
- Not recognizing their role as a collector.
- Contacting your family or friends without your permission or notice.
- Usage of any deceptive tactics against you or your close ones.
- Getting unlawful threats and hearing any derogatory words against you.
If any creditor is violating any of them, you have the chance of opting for the legal way. There are high chances that you can bar the creditor from acting in a certain way that keeps you in distress due to the money payment and collection issues.
1. Evidence Collection
If you plan to take the legal way, you need to record evidence for the complaint. It will act as support for your claim. The evidence collection process includes the following:
- Please keep a record of the messages or calls followed by the time interval and date you get them. You should make notes and the person(s) with whom you had a conversation.
- Store any written document like a letter or note that you have received.
- Try and record the witnesses in the form of written statements.
2. Collection Of The Debt Proof
The primary legal ground the creditor can take is to prove that no transaction of such a kind has existed. Hence, it would help if you did the collection of such proofs from the beginning.
You need proof of the debt that you have given as a debt to the person with basic details like the date, and amount, amongst others. Also, it helps in the verification of the accuracy of the transaction. It further acts as a sign of your diligence and vigilance that can help you seek the available remedy against the harassment.
3. Negotiations For Arrangement Related To Repayments
There can be chances that your creditor reaches out to you with an opportunity to establish a professional relationship in exchange for the repayment of the money that is a significant part of the transaction. Let’s take an example to understand this one. Suppose ‘A’ is a creditor demanding considerable money from you.
The amount is enormous, but after some conversations, you have reached a point where you are comfortable paying the whole thing in small chunks, and the creditor agrees. You can decide on a period, too, let’s say some weeks or months, as it is okay with your payment cycle.
However, you should keep in mind that if you plan on paying a part of the outstanding amount, it will welcome some tax ramifications.
However, when the legal angle intervenes, you should ensure that the debt collector does not gain access to the savings or checking account. The payment plan arrangement should be sorted from your end, and the details should be available with you and your mode of transaction only.
4. Reaching Out To An Attorney
The best option for dealing with such creditor harassment and tagged problems is that you should contact an attorney. When you have an attorney on board, they can help begin the necessary negotiations regarding the arrangement with the collector. Also, such professionals help make the navigation process easy, and you can move forward with the lawsuit.
In some cases, if you wish to declare bankruptcy with the outstanding money matters, the process is incomplete until you have an experienced professional on board. However, if you are still trying to get your hands on a debt collector harassment attorney, you can reach out to yourlegalrightsadvocates.com.
5. Letter To The Collector
If you have been subject to harassment by the creditor, then you need to tell them that their actions have invited legal action for sure. It is possible when you get your hands on a letter that works as a formal request. You can send it to the creditor, group, or the company that is not stopping the harassing behavior.
The legal remedy in this letter urges them to stop the harassment from the creditor. Also, it acts as a caution that can work as a notice that bars the creditor from the unwelcoming behavior that puts you through a hard time.
If you declare bankruptcy, some ways can help you take a fresh start in your journey. But, it might come down to whether you will be able to file for bankruptcy, and if yes, what kind of effect does it have on your creditors?
An automatic stay comes into force when anything of such a sort happens. Creditors don’t have a way to contact you, and there can be no actions related to the collections against you.
They won’t be allowed to communicate with you. If you experience anything of this kind, you can reach out to the court. They will help you with the best possible remedy. The creditors can be penalized in the form of a fine and also punishable for the court’s contempt.
These tips will help you deal with the unfortunate incident of creditor harassment in a better way. Instead of trying random things and taking the law into your own hands, you should turn to these tips as they are perfect for such situations.