Stop Creditor Harassment Tampa Florida. Falling into debt and facing creditor harassment at odd times is something no law abiding citizen in Tampa, Florida wants to face in his life. However the recent spate of job losses and resulting financial crisis has put many tax payers into problems as they try to battle mortgage payments, credit card bills and car loans. To force an individual or company with large debts into quick settlement collection companies have started harassing them by calling at odd hours or making sudden visits to ask for exact date when creditor can make the payment which sometimes violate their constitutional rights and privacy. Though by law credit collection agencies have a right to call creditors to ask for payment, resorting to threats or causing public embarrassment among friends and family is not permissible and amounts to harassment.
Under these circumstances a debtor can take legal action before things go too far however ruthless or intimidating a creditor may be. If you are unable to handle multiple payouts to all your creditors within a short period of time then harassment from creditors can be stopped by automatic stay order from court under Fair Debt Collection Practices Act and later filing for bankruptcy so you can plan out your payouts within reasonable time period.This act was specifically passed on to protect creditors from abusive practices of collectors of long term debts. After reporting about harassment under this law one can get a form of restraining order against creditors preventing all calls at inappropriate times, threats about property seizes by trying to place liens on your home. If your creditors have forced foreclosure of property or frozen personal bank accounts filing for bankruptcy will release all those secured assets.
Getting an automatic stay injunction -
If a debtor files for bankruptcy then creditors cannot hound them on a regular basis for debt settlement, they need to have a legitimate reason to start collection proceedings again and the approval of local court to by requesting that the automatic stay be lifted. Court will grant automatic stay removal on a case by case basis and creditors violating the automatic stay order can be sued by debtor for which they will have to pay compensation for harassment along with court fees. This stay order is issued by court when a harassed debtor makes a legal representation showing proof of criminal intimidation by creditors and protects the debtor from issues like:
- Collection calls at work or at late hours in the night
- Threatening with violence or physical intimidation
- Using profane language to embarrass debtors in public
- Publishing list of debtors in public areas.
- Contacting family members, friends or neighbors asking them to intervene
- Threatening debtors and their families with expensive lawsuits or jail terms to scare them
Protecting homestead from creditors – If you own a home which is mortgaged, it can be protected from all creditors except the bank or finance company which owns the mortgage. If the house in completely paid for along with land around it no creditor can place a lien on it unless they have carried out some improvement or repair to the homestead. To protect your home from creditors you need to file an affidavit claiming it as a homestead at a local court if you are living in an unincorporated area.
If you have any questions about how to stop creditor harassment in Tampa Florida or would like to speak to us about your options, please contact us at (813) 518-7411. We represent clients during stressful and difficult times in their lives. We are empathetic, responsive, and push for a quick resolution. We look forward to helping you resolve your issue quickly, fairly, and in a way that will help you to return to the stable, predictable life that you deserve.