Creditor Harassment Lawyer in Longmont
Legal Assistance for Small Business Owners in Boulder County & Surrounding Areas
Are you struggling to keep your small business afloat due to overwhelming debt? Has this resulted in constant and annoying letters, phone calls, emails, and texts from creditors trying to collect? Have they been hounding you day and night with threats of various kinds? Perhaps you have even been contacted by collectors who have bought “old debt” for which you are no longer responsible. All of this is what is known as creditor harassment, and it can lead to the kind of stress that results in sleepless nights, fear of answering the phone, and harm to your personal and professional relationships.
Owing more than you can pay is stressful enough without having to endure abusive collection tactics. I founded Business Bankruptcy Solutions because I understand how easily small business owners can fall behind, whether through mistakes of their own or due to forces beyond their control. My firm is geared toward handling the financial crises of small businesses by implementing effective debt relief solutions.
If you are facing creditor harassment, I urge you to get in touch with my firm so I can help you explore and implement fully customized solutions. Whether you file bankruptcy or utilize an alternative to bankruptcy, I, Patrick O' Malley, can stand by your side every step of the way.
The Automatic Stay in Bankruptcy
One of bankruptcy’s most powerful benefits is the automatic stay. This court order takes effect as soon as you file bankruptcy, and it informs your creditors that they can no longer contact you in any way to collect a debt. Their only recourse is to go through the bankruptcy court.
Due to the automatic stay, you end the calls, letters, emails, and even slow or stop collections such as repossession and foreclosure. You can then work toward regaining financial solvency with your current enterprise or shutting it down and starting a new chapter in your life with a clean slate.
Essentially, the automatic stay ends creditor harassment. Creditors who fail to heed this rule are in violation of bankruptcy law.
Are You Protected Under the Fair Debt Collection Practices Act?
If you are a sole proprietor who is responsible for both personal and business debt, some of your debt may be “consumer” debt. The distinction between consumer debt and business debt is critical because only consumers are protected by the Fair Debt Collection Practices Act (FDCPA).
The FDCPA limits how and when any creditor or collection agency can contact you. If a creditor or debt collector is using tactics that violate the FDCPA, we may be able to take them to court (if the debt they are trying to collect is consumer debt).
Creditors are prohibited from engaging in various illegal practices, such as:
- Phoning you before 8 a.m. or after 9 p.m.
- Using foul or abusive language
- Contacting family members or other third parties about your debt
- Threatening legal action when they have no intention of doing so
- Failing to identify themselves properly
- Lying about what you owe
- Threatening to arrest you
- Contacting you when you have turned the matter over to your attorney
Once you have retained my services, I can advise you on all restricted practices outlined under the law. Should any violations occur, I can take prompt action on your behalf. The FDCPA has allowed countless consumers to take creditors to court and obtain substantial compensation. Reach out to a Longmont business bankruptcy attorney today.
He's a really sharp guy who knows his stuff.- H. Morgan Cavanaugh