KEEP YOUR PROPERTY.
Stop All Creditor Harassment
Is your phone ringing nonstop due to creditors calling you about debts? Dealing with creditor harassment can be overwhelming. Fortunately, there are federal and state laws to protect you from aggressive collection tactics.
If you’re in Wenatchee, Washington, and facing these relentless calls, threats, and other forms of harassment from your creditors, you have options to end it. You don’t need to deal with it any longer. Consult a qualified Wenatchee bankruptcy attorney today who can help.
What Is Considered Creditor Harassment?Creditor harassment includes aggressive, deceptive, or unfair collection practices that violate consumer protection laws. Some common examples are:
- Making repeated and excessive phone calls, especially at odd hours
- Making threats of violence or harm
- Using profane or abusive language
- Contacting friends, family, or employers about your debt
- Misrepresenting the amount owed or falsely claiming legal action has been taken
- Continuing to contact you after you’ve requested they stop
Several laws provide relief for those experiencing creditor harassment.
Fair Debt Collection Practices Act (FDCPA)Under this federal law, debt collectors can’t engage in abusive, deceptive, or unfair practices.
They must:
- Identify themselves and provide truthful information about your debt.
- Stop contacting you if you send a written request to cease communication.
- Avoid making threats they can’t legally carry out.
- Contact you only between 8 AM and 9 PM unless you have given permission.
This state law (RCW 19.16.250) provides additional protection.
- Debt collectors cannot intimidate, harass, or threaten legal action they don’t intend to take.
- They must be licensed in Washington to legally collect debts.
- Collection agencies cannot garnish wages without first obtaining a court judgment.
Filing for bankruptcy triggers an automatic stay (11 U.S. Code § 362), which immediately stops all collection activities, including:
- Wage garnishments
- Lawsuits from creditors
- Foreclosure proceedings
- Collection calls and letters
Here are some steps you can take to protect your rights.
Send a Written Cease and Desist LetterYou have the right to tell your creditors to stop contacting you. Here is what you need to remember when writing and sending your letter:
- It should be sent via certified mail with a return receipt.
- Clearly state that you want all communication to stop.
- Include your name, account number, and a reference to the FDCPA.
Make sure to maintain good records of all the harassment tactics they use against you.
- Dates and times of phone calls
- Names of collectors and agencies
- Voicemails, letters, or emails received
- Notes on any abusive or threatening language used
If your creditors continue to harass you, report them to the following:
- The Washington State Attorney General’s Office
- The Federal Trade Commission (FTC)
- The Consumer Financial Protection Bureau (CFPB)
If the harassment still doesn’t stop after you take all these steps, your bankruptcy attorney can provide more legal options to end creditor abuse and help you explore your debt relief solutions.
How Bankruptcy Can Help End Creditor HarassmentChapter 7 Bankruptcy- Eliminates most unsecured debts, including credit cards and medical bills
- Triggers an automatic stay that stops all collection efforts immediately
- Typically completed within 4–6 months
- Creates a structured repayment plan over 3–5 years
- Allows you to keep assets while catching up on payments
- Stops foreclosure and wage garnishments
Once you file for bankruptcy, there are a few key things to expect as you navigate the process.
- Creditor Protection: Because the automatic stay goes into effect immediately after filing for bankruptcy, creditors must go through the court system if they wish to continue their collection efforts.
- Bankruptcy Trustee Appointment: In a Chapter 7 bankruptcy, a trustee will be appointed to review your financial situation and liquidate any non-exempt assets to pay off creditors. For Chapter 13, the trustee will oversee the repayment plan and ensure you make regular payments to creditors based on your income.
- Debt Discharge Process: A Chapter 7 case is typically done within three to six months. At this time, most of your unsecured debts are discharged, giving you a fresh financial start. In Chapter 13, the repayment plan lasts three to five years. The remaining eligible debts are discharged upon completion.
- Credit Impact: While bankruptcy can provide relief in Chelan County, it will still impact your credit score. Chapter 7 remains for 10 years while Chapter 13 remains for 7 years.
No. If you inform your creditors that your employer prohibits these calls, they must stop contacting you at work.
Yes. A cease and desist letter stops the communication but doesn’t eliminate the debt. Your creditors can still pursue legal action against you.
As a consumer, you have the right to request debt validation. The collector must provide proof that the debt is yours before they can continue any collection efforts against you.
No. Creditors must first sue you and obtain a judgment against you before they can garnish your wages. Some debts, such as unpaid taxes or child support, may not require a judgment.
When dealing with creditor harassment, a bankruptcy attorney in Wenatchee can be a valuable ally. Our attorneys with years of experience can guide you on all your options and protect you from creditor lawsuits and wage garnishments.
Don’t feel that you have to handle this alone. Understanding your rights and seeking legal help can provide relief and a fresh financial start.