How to Deal with Creditor Harassment in New Jersey
If you are in debt, the last thing you probably want is creditors breathing down your neck, constantly asking when they are going to get paid. You know that you owe them, and they know that you owe them. Chances are, you are working diligently to pay off your debts but are running into problems that may be outside of your control. Having frustrated creditors breathing down your neck about payments when you are trying your best to get them in on time can be very distressing to debtors trying to remedy their situation.
The quickest way to stop creditor harassment is to pay off your debts. Of course, that may not be an option for many people in debt. You can also try and privately work out a solution with your creditors. If that does not work, filing for bankruptcy will prevent creditors from harassing you about paying them.
Start fighting back against creditor harassment by calling our New Jersey bankruptcy lawyers with Young, Marr, Mallis & Associates at (609) 755-3115 and getting a free case analysis.
Why Does Creditor Harassment Happen in New Jersey
Creditors more or less want one thing and one thing only – to get paid. When creditors are not paid, they can get anxious, agitated, angry, or all three. This can cause them to do things like make collect calls, contact your employer, or, in extreme cases, confront you in person.
Creditor harassment happens when creditors take trying to get their debtors to pay them too far. There are rules creditors must follow that are meant to prevent them from harassing debtors. For example, creditors cannot call you before 8:00 AM or after 9:00 PM. Additionally, creditors can no longer contact you at work, through emails or texts, or on social media if you directly ask them to stop doing so.
There are also certain things creditors are not allowed to do when trying to contact you about debts. Creditors cannot threaten you or swear, and they cannot contact you more than seven times in a seven-day period. If you speak with them directly on the phone, they cannot contact you for another seven days. Additionally, creditors cannot lie to you. For example, creditors cannot pretend to be a government entity or a lawyer.
Options to Stop Creditor Harassment in New Jersey
There are several options available to you to stop creditors from harassing you in New Jersey. Depending on your situation, some options may be more viable than others. When you meet with our Mount Holly, NJ bankruptcy lawyers, we can go over your situation and figure out the best course of action to stop creditors from harassing you.
Pay Debts
The most straightforward way on paper to get creditors to stop harassing you is to pay the debts you owe them. However, real-life circumstances can make this option very difficult. If your finances are already strained, this option may be off the table entirely. Moreover, a creditor who is already harassing you may not stop once you pay their debts, even if they have no reason to continue talking to you.
Contact Creditor
You can also get in touch with the creditor directly to try and remedy the situation. Creditors are allowed to modify their agreements with private persons, and you may be able to come up with a solution that works for both parties.
If you wish to pursue this option, it is advisable to have legal counsel that can stand up to creditors if they try to set unfair terms.
Go to Court
If a creditor’s behavior is especially bad, you can sue them in court. If a creditor threatens you, says they will sue you when they have nothing to sue for or tries to charge you for more than what they are owed, you are well within your right to bring a civil action against them for harassing you.
File Bankruptcy
Filing for bankruptcy will instantly stop creditors from harassing you about your debts.
Bankruptcy has a stigma attached to it that is unfairly earned. Often, when people think of “bankruptcy,” images are conjured up of families being left totally destitute and bereft of funds or someone’s business that was their life’s work being stripped for parts. The reality is very far from this grim picture. Bankruptcy is designed to pay off a creditor’s debts and make sure that the debtor comes out of proceedings. In fact, bankruptcy is designed in part specifically to stop creditors from simply taking everything you own.
Once bankruptcy proceedings are finished, you essentially have a clean slate free of debts or monetary obligations, and you can move on with your life.
The Best Way to Stop Creditors from Harassing You in New Jersey
The best and most surefire way to stop creditors from harassing you about your debts is to file for bankruptcy. Bankruptcy is designed specifically to relieve debtors from the stress of paying off large debts as well as make sure creditors get paid what they are owed.
When you file for bankruptcy under any chapter, something called an “automatic stay” is put in place. An automatic stay is a court order that stops creditors from harassing you about debts in any way whatsoever. This means that creditors cannot confront you, show up at your doorstep or place of business, or even make collect calls to ask about your debts.
If creditors persist in this behavior in spite of an automatic stay, you can sue them in court for violating a court order. Should you be successful, they will have to pay you damages.
Discuss Your Situation with our New Jersey Bankruptcy Lawyers Today
If you are dealing with creditor harassment and need help, call our Cherry Hill, NJ bankruptcy Lawyers from Young, Marr, Mallis & Associates at (609) 755-3115 for a free case review.