Marietta bankruptcy lawyers stop creditor harassment
For more than 80 years combined, our attorneys at Smith, Dettmering, Morgan, Schnatmeier & Collins, LLP have protected the rights of debtors. Our lawyers aggressively stop creditor harassment. Once you retain counsel, your creditors must talk to us and cannot continue trying to contact you about your debts. We communicate with your creditors, giving you peace of mind and a reprieve from unpleasant phone calls, letters and other intimidation schemes used regularly by debt collectors.
U.S. Fair Debt Collection Practices Act protects consumers
Several state and federal regulations protect the rights of consumers in Georgia, giving you legal recourse to stop creditor harassment. The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from employing deceptive, abusive or unfair tactics for collecting debts. Enforced by the Federal Trade Commission (FTC), the FDCPA covers personal, family and household debts — such as credit card accounts, medical bills, automobile loans and home mortgages. However, the Act does not govern debts owed by business owners that are associated with their businesses. Under the FDCPA, debt collectors may not subject you to such unscrupulous actions as:
- Harassing you — such as threatening violence, publishing your name, using profanity or repeatedly calling you
- Making false statements — including that they are attorneys or government representatives
- Misrepresenting documents’ legality — either indicating that papers the creditor sends to you are legal documents if they are not, or that they are not legal documents if they are
- Threatening you regarding arrests and seizure — involving your arrest or imprisonment or the seizure, garnishment, attachment or sale of your property
- Garnishing your wages without a court order — and thus, you have the opportunity to argue against wage garnishment in court
- Garnishing federal benefits — except for debts related to delinquent taxes, alimony, child support and student loans
Georgia debt collection laws codify the FDCPA and provide additional protections against unreasonable collection tactics.
U.S. Bankruptcy Code
The extensive U.S. Bankruptcy Code addresses debtors’ rights in its numerous provisions. You gain these protections once you submit your bankruptcy petition to the court. Under the U.S. Bankruptcy Code, creditors are prohibited from engaging in collection efforts. Your bankruptcy petition may also halt judicial proceedings against you — such as home foreclosure and repossession of your property. Our bankruptcy lawyers explain how the Code applies to your individual case. During your bankruptcy proceedings, we make stopping foreclosure on your home and the protection of your assets a top priority. If creditors violate your rights under the regulations, we hold them accountable.