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Legal action against creditors who are harassing me


01-Oct-2023 (In Recovery Law)
Dear sir /madam, I m sugan from tirupur and I m doing school uniform business in that I m borrowing sum of rs 5 lakh. In that I can't able to give the amount concerned party to said dated. In that I m writing an 100 rupee documents and notary also did that. The give 2 month time.the ending time will only on November month, but they are make call and come to home,ask money every day.it has very make tension to me. Pls,advice me if anything do it in legal manner. I m not ready to give case against him /her. Any law,relate
Answers (1)

Answer #1
594 votes
These are the following steps you can take in this:

1. Determine if the creditor is acting within legal guidelines. Attempting to collect a debt under any of the following circumstances is considered creditor harassment:
Business debt. Creditors can only make collection attempts on consumer debt.
Inappropriate times. Collectors cannot call you on Sundays, or anytime between 9 at night and 8 in the morning.
Abusive or foul language. Harassing creditors often use curse words and/or threaten personal or property damage, or to put you behind bars.
2. Take action against harassing creditors. If you find that the creditor is not acting inside the law, then you may take steps to hold the creditor accountable for illegal actions.
File a complaint with the Federal Trade Commission (FTC). The FTC will investigate the creditor's business practices for free and, if the creditor is found guilty of illegal business practices, the FTC could remove the business's credit license. However, the FTC cannot do anything to settle your issue with the creditor.
Take the creditor to small-claims court. This is a cost-conscious alternative to hiring an attorney, as small-claims cases are relatively inexpensive and you do not have to hire legal representation to file a small-claims case. In small-claims court, you may sue the creditor for harassment, for pursuing a debt that you do not owe, for attempting to collect an inaccurate amount or for incorrectly reporting your account details to credit agencies. Just remember that you will still be held accountable for any money you owe the creditor.
3. Work with the creditor to clear your debt. If you owe the debt, then you will have to resolve the matter, whether you have the money to pay the debt or not. Find out the account number, account balance and the length of time the account has been past due so that you can evaluate your ability to repay the debt, then consider the following options:
Ask to establish a payment plan with the creditor. A debt collection agent should be prepared to set your account up under new repayment terms, as agreed on by you and the creditor. Once you enter into a payment plan, the debt collection attempts should end. However, if you do not honor the agreement, the creditor will start contacting you again, and could eventually sue.
Tell the creditor you have filed for bankruptcy. Once you are able to give the creditor your attorney's name and/or bankruptcy case number, that creditor can no longer attempt to collect the debt.
4. Send the creditor a certified letter requesting an end to contact. You may do this in addition to, or instead of, working with the creditor to clear your debt. Include your name, current address, previous address (as listed with the creditor), account number and a detailed account of the creditor's attempts to collect and your inability or unwillingness to pay, and close the letter by instructing the creditor not to contact you anymore. By law, the creditor will no longer be able to contact you regarding that debt after you send a written request to cease communication. However, the creditor may still opt to sue you.

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