Maui Creditor Harassment Lawyer
Helping Hawaiians Fight Back Against Harassment from Creditors
Once you file for bankruptcy in Hawaii, an automatic stay is issued, barring any creditors from attempting to collect a debt that you incurred prior to filing. Creditors are to immediately cease pursuing debts via phone calls, letters, garnishment, and lawsuits. Unfortunately, not all creditors adhere to this protection, which is illegal. If you are experiencing creditor harassment, The Law Office of Jean Christensen LLLC can help. Our experienced creditor harassment lawyer on Maui is here to help you understand your rights and expose the debt collector’s unlawful collection tactics.
The federal Fair Debt Collection Practices Act (FDCPA) was designed to stop debt collectors from using certain kinds of debt collection practices on consumers.
Debt collection practices that are federally prohibited under the FDCPA include:
- Harassing or abusive practices such as threatening violence, calling a debtor repeatedly, failing to properly identify oneself when attempting to collect a debt, using profane language, calling at inappropriate hours, calling your family members, or advertising a debt for sale
- False or misleading representations such as misrepresenting the amount of debt owed, falsely implying to be affiliated with the United States, falsely representing the legal status of a debt, falsely claiming to be an attorney, falsely implying that the debtor committed a crime, or using any false representation while attempting to collect a debt
- Unfair practices such as using a postcard to contact a consumer about their debt, depositing a postdated check early, accepting a check postdated by more than five days, or unlawfully threatening to repossess a consumer’s property.
If you believe you are being harassed by a creditor, do not hesitate to contact The Law Office of Jean Christensen LLLC. Our Maui creditor harassment attorney will fight to put an end to the unjust and unlawful debt collection tactics you are enduring.
Debt Collection Rules in Hawaii
In Hawaii, debt collectors must adhere to strict rules put into place by Hawaii’s Department of Commerce and Consumer Affairs while collecting or attempting to collect a debt from consumers.
Below are the rules regarding debt collection in Hawaii:
- Debt collectors must make it clear that they are attempting to collect a debt
- Debt collectors must provide complete information about the business or person to whom a debt is owed
- Debt collectors may not place any collection calls between the hours of 9 pm and 8 am
- Debt collectors may not harass, coerce, threaten, or abuse consumers
- Debt collectors may not disclose any information about an individual’s debt to another person
Can Creditors Call Me At Work?
In Hawaii, creditors are generally prohibited from engaging in harassing or abusive behavior, including calling you at work if they are aware that your employer prohibits such communications. The FDCPA provides protections for consumers against creditor harassment.
What Should I Do If I Am Being Harassed by a Debt Collector?
If a debt collector is using unlawful practices to attempt to collect any debt from you, you have the right to sue the collector. While it is easy to become upset during these types of interactions, we advise you to remain calm, as any poor reaction on your part may count against you in your case. Instead, gather any evidence you may have of creditor harassment and hire a bankruptcy attorney as soon as possible.
Individuals experiencing creditor harassment and insurmountable debt might want to consider filing for bankruptcy. Bankruptcy may provide the financial relief you need to get a fresh start. See if you qualify for Chapter 7 or Chapter 13 bankruptcy by calling The Law Office of Jean Christensen LLLC. Attorney Jean Christensen can explain your options to you.
How Can I Document Instances Of Creditor Harassment?
If you are experiencing creditor harassment be sure to document instances of such harassment to strengthen your case. Below are some things you can do to properly document harassing tactics taken by creditors:
- Keep a record: Maintain a detailed log of every communication from the creditor, including phone calls, voicemails, letters, emails, and text messages. Note the date, time, and content of each interaction.
- Save messages: Preserve any voicemails, emails, or text messages received from the creditor -- take screenshots or print out digital messages if necessary.
- Maintain written correspondence: If you communicate with the creditor through written correspondence, such as letters or emails, keep copies of all outgoing and incoming letters for your records.
- Take notes: After each phone conversation with a creditor, write down the key points discussed, including the name of the representative, date, time, and details of the conversation. This will be helpful in recalling specific incidents later.
- Capture caller information: If you receive phone calls from creditors, write the caller's name, company, and phone number down, as well as any identifying information that was provided.
- Gather supporting evidence: If the creditor engages in abusive or illegal behavior, such as using profanity, threats, or false statements, gather additional evidence to support your claims, such as witness statements or recordings if permitted by law.
Documenting the instances of creditor harassment is crucial if you are seeking legal recourse. If you need assistance in dealing with creditor harassment our seasoned Maui creditor harassment lawyer at The Law Office of Jean Christensen LLLC can give you guidance.
We offer a free consultation which allows us to assess your situation and thoroughly explore the legal options available to you to end the harassment. With more than 17 years of experience, we are dedicated to providing high-quality legal representation and achieving favorable outcomes for our clients. Contact us to make an appointment with creditor harassment attorney and take the first step to end creditor harassment.
Schedule a Free Consultation Today
Stop suffering in silence; turn to The Law Office of Jean Christensen LLLC to put an end to the creditor harassment you are experiencing. Our experienced attorney is deeply familiar with the FDCPA as well as the debt collection rules specific to the state of Hawaii. She can help you fight for your rights and protect your best interests on your journey to financial freedom.
Schedule your free consultation by calling our creditor harassment lawyer on Maui at (808) 865-0420 or completing our online form. The Law Office of Jean Christensen LLLC proudly serves residents throughout Hawaii.
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