Creditor Harassment


The bankruptcy group at Perrotta & Cahn provides comprehensive debt relief services to individuals and businesses throughout northwest Georgia. For many people facing financial hardship, dealing with creditors can become more than just a nuisance. When a creditor’s behavior crosses the line into creditor harassment, we help our clients put an end to abuse and intimidation.

Filing for Bankruptcy Stops Creditor Harassment

At Perrotta & Cahn we help consumers and businesses get relief from debt by using protections afforded under bankruptcy law. As soon as a bankruptcy petition is filed, an “automatic stay” goes into effect. With an automatic stay, creditors are no longer allowed to send harassing letters or make debt collection calls that threaten wage garnishment, repossession, foreclosure and other legal actions. If one or more of these legal actions has already been commenced, the creditor must stop proceeding in the action.

Once a debtor is under the protection of the Bankruptcy Court, he or she only has to deal with the court and the designated bankruptcy trustee, rather than with the creditors themselves. If a creditor continues to pursue collection efforts after being informed of the bankruptcy proceedings, the creditor may be liable for court sanctions as well as damages under the Fair Debt Collection Practices Act (FDCPA).

Stopping Bill Collector Abuse

The FDCPA also prohibits collection agencies and bill collectors from using abusive, unfair, or deceptive practices in their collection efforts, such as:

  • Verbal abuse and intimidation, including threats and profane language
  • Lying about the amount of money owed or the consequences for non-payment
  • Calling on the phone repeatedly with the intent to harass, disturb, or annoy
  • Publishing a person’s name as someone who refuses to pay debts
  • Advertising the sale of a debt to coerce payment of the debt

In addition, the FDCPA prohibits collection agencies and bill collectors from contacting debtors before 8:00 in the morning or after 9:00 at night without consent, nor may they contact people at work if they are told calls cannot be received there. In fact, bill collectors must stop contacting a person altogether if they told to do so.

If you have recently overcome a troublesome financial situation, either through bankruptcy or debt settlement, we also provide advice for rebuilding credit to help you fully take advantage of your fresh start.

Seek Relief from Harassing Debt Collectors

If you are behind on bills and debt payments, creditors are not above using intimidation and scare tactics to receive money from you. At Perrotta & Cahn we help our clients take advantage of the protections offered by federal bankruptcy laws to stop creditor harassment. For more information, please contact our offices to schedule a free consultation with one of our highly experienced Georgia bankruptcy attorneys.