H is for Harassment

Home / Law Bites / H is for Harassment

H is for Harassment

Reports from clients that some creditor has called them with threats, repeated communications, or called a job are commonplace.  Many times, it’s this creditor harassment that eventually breaks people, driving them into our office in the hope of some respite.  With wage garnishment not a real option for creditors in North Carolina, many creditors resort to ridiculous threats to convince you to pay.  Some of the scariest threats are:

Fake letter threatening arrest

It may seem really obvious, but when people are stressed, harassment letters like these can be quite scary!

1. Someone is on the way to arrest you right now; the police will take away your children. (This is NEVER true.  The police do not arrest people for failure to pay their Discover Card bill!  These threats are typically made by untraceable scammers.

2. You are going to be sued for fraud.  (This is very likely a scam — failure to pay a debt alone does not amount to fraud.)

3. We are going to sue you. (This may be the truth — you can be sued for failure to pay a debt, and a judgment can result in your receiving a Notice of Rights to Claim Exemption and a Judgment Lien on your real property.)

4. We will not stop calling, and do not have to stop calling.  (This is NOT true!  You have numerous protections under the law. Tell the creditor that you revoke ALL permission for them to call you and keep notes of all calls.)

With that having been said, it’s important to realize that this harassment is usually a symptom of a bigger problem: your expenses are too high and your income too low.  That’s the real problem, regardless of the reason (job loss, wage reduction, medical expenses, overspending, etc.).  There are only two ways to stop the collections.  Filing bankruptcy or successfully paying off the debt through an alternative method.

Scheduling a free consultation with a qualified bankruptcy attorney will allow you to gather information to determine if bankruptcy is the right approach to stopping the harassment.

 

IF you believe that you DO NOT owe the debt, you may have claims against the debt collectors harassing you.  Contact Collum & Perry, whose aggressive attorneys will fight to defend your rights.