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      Archive for March, 2010

      Attorney’s advice can save you from creditor harassment

      Tuesday, March 30th, 2010

      If you’re suffering from excessive debt burden, receiving threatening and harassing phone calls from your creditors then it would be almost impossible to come out of debt without the help of a law firm. There is no point to escape from the reality of debts. The attorney supervises and guides you to manage your debts. The debt settlement law firm provides key to pay off the debts in order to get rid of the burden of loans. Issues related to finance can be best dealt with the help of the law firm and with the help of a competent attorney.

      How attorney helps the debtor from creditor harassment?

      A letter from the lawyer can help you to get away from a debtor’s harassment calls. The lawyer can put forward legal claims for violating the Federal law that forbid debt collection harassment. The lawyer takes the responsibility to answer to the query of the debtors. When debtors are represented by lawyers they are usually not harassed by the collection agencies or lawyers of the collection agencies, as they are under certain restrictions.

      Creditor harassment laws as per FDCPA Act:

      In order to protect the consumer from unlawful collection practices and creditor harassment the Fair debt Collection Practices Act (FDCPA) law was created. The tormented debtors were continuously filing for bankruptcy because of the threat of the creditors. The constant harassing calls were put to an end with the implementation of this Act. The creditor must go by the guidelines while collecting his credit from the debtor. If he violates the rule it would be a punishable offence.

      FDCPA states as follows:

      * The creditor while collection can not abuse

      * Cannot call at debtor’s work place if he has put across a notice asking “not to call”

      * Cannot make calls more than once in a day to debtors

      * Cannot ask for unnecessary charges from the borrower

      * Should not misguide the debtors by sending forged documents that appears to be sent by the court

      * In case of dispute, the debtor can produce relevant documents within the period of 30 days.

      * The collection agencies often threaten to take judicial action on the debtor. But this is not possible as they are not eligible to take any action.

      * Cannot threat to take away properties if the debt is not paid without any proper judicial action.

      If the laws are violated the borrowers can take legal action on creditor.

      If the borrowers are harassed then they can go to debt attorney for legal help. Debt settlement is beneficial to the debtors who have got into multiple loans. It tries to negotiate with the creditors and brings down the average interest than the debtors have to pay. This facilitates the debtors as they can save money because of the negotiation.

      What are the different ways to fight the harassment?

      1. The debtors should try to deal with the problem before the creditors hand over the matter to the collection agencies. The debtors should call up the lenders and speak in order to resolve the problem. But in this context the borrowers are advised not to make promises which they cannot keep regarding negotiation.

      2. A cease letter is useful to stop harassment of the creditor or collection agencies. It is important for the debtor to maintain all the documents of the written letters.

      3. A lawyer’s letter is beneficial in order to stop harassment calls from the creditor. The lawyer can give a legal letter to the creditor or collection companies if the laws are violated.

      4. Negotiating with the creditor or collector before the debt is pushed to the collection companies

      5. Rising of complain of the debtor helps the creditor to keep a check at his flaws and fraud. The collection companies should inform the debtors about its right to dispute the debt. If the debtor disputes the debt within 30days in written copy then the collector has to stop the collection till the investigation ends.

      6. The debtor can sue the debt collector because of his illicit behavior. The federal and state law gives the consumer certain right to protect against the debtor. The debt collectors often escape from this law as the debtors are not aware of the rights.

      How an attorney can be a right choice for you:

      An attorney can channel you through a right way. He would also help you to come out of the web of debt. A lawyer is always well equipped as he knows the terms and conditions of law that would prove to be favorable in case of the debtors. The weapons of law are useful to negotiate with the creditor which the attorney makes it possible. The lawyers are aware of the borrower’s rights and law that the state has imposed on the lenders, banks, mortgage owners in order to give the debtors the best deal. I can suggest you that a legal advice is feasible in case of issues on repayment of mortgage, credit card loans and bank loans. The lawyer has a best understanding of law, the banking regulation, credit regulation and mortgage loan proceedings He also has a proficient understanding of your financial problems so can give you the best possible solution according to your requirement.