Creditor Harassment Protection in Massachusetts
Shield Yourself from Illegal Attempts to Collect
Under the Massachusetts Consumer Protection Act, creditors and their lawyers or collectors are barred from attempting to contact you beyond a certain number of times. The regulations on creditor harassment are set by the Massachusetts Attorney General, and they apply to creditors, third-party debt collectors, and entities who buy delinquent debt.
The Attorney General’s credit harassment regulations make it illegal to:
- Call you at home more than twice a week for the same debt
- Call you anywhere else more than twice a month for the same debt
- Call you at work if you have requested they not call your job
- Call you without identifying themselves
- Call you directly if you have a lawyer
- Call you during your normal waking hours
- Deceive or lie to you when attempting to collect
- Collect any amount other than what is owed
- Make false threats about nonpayment
…and numerous other regulations. Note that it’s each consumer’s responsibility to inform debt collectors of their normal waking hours. Otherwise, creditors are instructed to assume your waking hours are from 8 AM to 9 PM.
One of the most important regulations listed above? If you hire a lawyer, it is creditor harassment for your collectors to contact you at all. Hiring an attorney makes any kind of attempt to collect illegal, and as attorneys, we can help you enforce the law and assert your rights.
The Best Way to Protect Yourself from Creditor Harassment
Per bankruptcy law, all creditors and collectors must cease all attempts to collect on a debt as soon as you file for bankruptcy. Bankruptcy triggers what’s called an “automatic stay,” which is a court order preventing anyone you owe money to from attempting to collect. Essentially, creditors have to leave you alone—no more phone calls, letters, or other tactics to get you to pay them back.
Automatic stays protect filers from:
- Home foreclosures
- Most evictions
- Vehicle repossession
- Utility disconnections
- Attempts to obtain property from your estate
- Collection of benefit overpayments (e.g. welfare)
- Collection of debts incurred prior to bankruptcy filing
- Ongoing litigation that began before filing
Automatic stays are one of your most powerful weapons as a consumer, but they’re only possible under a bankruptcy. Without an automatic stay, your creditors will continue to harass you about your car payments, credit card debt, mortgage, medical bills, or any other debts you may have. The best option for filing a successful bankruptcy is to hire a bankruptcy attorney.
Speak with a Massachusetts Bankruptcy Lawyer
Bankruptcy attorneys provide filers with the legal counsel and experience necessary to prepare a strong case. Our understanding of the courts, judges, and procedure allow us to guide our clients through the process as smoothly and easily as possible. At the same time, our legal experience equips us to help our clients create a bankruptcy arrangement that best suits their needs.
At Miller Law Group, P.C., our Massachusetts bankruptcy law firm gives clients a chance to free themselves from debt, give themselves a clean start, and rebuild their financial future. Our team will work with you to figure out your financial options while making sure you can protect what matters most to you. On top of all that, we’ll do everything we can to shield you from creditor harassment so you can live in peace.
To discuss your options, call (508) 502-7002 for a free consultation.