Dallas Creditor Harassment Attorneys – Stopping Abuse
Texas Bankruptcy Lawyers; for Denton, Irving, Mesquite, Plano, Arlington
Most credit card companies do not attempt to collect on delinquent accounts themselves. Instead, they hire debt collection agencies. Some of these agencies take a percentage of any money they recover for the credit card company; others buy delinquent accounts for pennies on the dollar. In either case, the debt collection company has no interest in maintaining a business relationship with you. As a result, they can rely on aggressive, unsavory tactics without driving away potential customers.
Many Protections Available to Consumers Like You
Fortunately, there are many protections available to credit card users, and the experienced consumer law attorneys at Fears Nachawati Law Firm are familiar with all of them. If a debt collection agency is hounding you with abusive phone calls, you should ask one of our attorneys about the Fair Debt Collection Practices Act. Debt collectors may not call you more than once in a single day, reveal your debt to others or continue contacting you after you retain an attorney.
If a Court finds that a debt collector violated one of the provisions of the Fair Debt Collection Practices Act, an aggrieved consumer who files a lawsuit may be entitled to receive compensatory damages of $1,000.
The Automatic Stay Order Issued by the Bankruptcy Court
If you have filed for bankruptcy but are still being harassed, your creditors may have violated a Court order. After a debtor files a Chapter 7 or Chapter 13 bankruptcy petition, the Court must issue an automatic stay order protecting all of the debts listed in the petition. If your credit card account is covered by the stay, the collection agency pursuing the account may only contact the bankruptcy Court.
Once we file a bankruptcy Petition on your behalf, an Automatic Stay Order issued by the Bankruptcy Court goes into effect. The Stay Order prevents your creditors from:
- Harassing or Abusing you by Telephone or Mail
- Initiating Foreclosure Proceedings
- Garnishing Your Checking Account
- Commencing Collection Efforts
If a debt collection agency or credit card company violates an automatic stay order, you may be entitled to compensation. To sue for a violation of the stay, however, you must prove that the creditor knew about the order. If a creditor knowingly violated the order, the Court may order the creditor to reimburse you for your damages and attorney’s fees. The Court may also hold the creditor in contempt of Court.
If you are being harassed by debt collectors, Fears Nachawati Law Firm can help. Our Dallas creditor harassment attorneys have the experience needed to force debt collectors to stop their abusive tactics, if they violate the Automatic Stay Order.
If you are seeking relief from creditor harassment, it is time to talk to a trusted Texas bankruptcy lawyer at Fears Nachawati Law Firm. Please contact our office today at to schedule a free in-house or telephone consultation.
“I want to thank you and your firm for what help you have already given me. I have been able to focus comfortably on my medical issues without the burden of unrelenting bill collectors. You helped keep my stress levels much lower.”
— Austin, TX