I’m Being Threatened and Harassed by Debt Collectors in Las Vegas: What Can I Do?

Debt is bad enough, but harassment or threats from your creditors makes it even worse. Are debt collectors constantly calling or texting you, even at odd hours? Is there anything you can do? Can debt collectors contact your family or employer? Do you have any rights as a debtor in Nevada? These are all questions an experienced bankruptcy lawyer in Las Vegas can discuss with you. After consulting with an attorney, you may discover you have more rights than you realize.

What Is the Fair Debt Collection Practices Act?

The Fair Debt Collection Practices Act is a federal law that protects debtors against harassment, coercion, and other abusive conduct. For example, the law prohibits debt collectors from trying to communicate with you during odd hours; they are only allowed to call between 8:00 AM and 9:00 PM. If you’re really feeling annoyed by debt collection agencies, you can simply send them a written request to stop contacting you. Under federal law, debt collection agencies must respect your request and immediately stop contacting you.

Even if debt collectors call you during acceptable hours, they are never allowed to harass, annoy, or abuse you. For example, they are prohibited from using obscene or profane language. They can’t call you at work if you tell them not to. They can’t impersonate police officers or lawyers. Unless you consent, a debt collector can’t communicate with anyone but you to collect a debt. Finally, debt collectors are not allowed to threaten you in most circumstances, including threats of illegitimate forms of legal action or threats to have you arrested.

With all that said, the Fair Debt Collection Practices Act comes with a few caveats. First, the federal law only applies to “debt collection agencies” and not the original creditor the debt is owed to. The same is true under Nevada’s debt collection laws. Second, it’s important to know that even if you provide written notice to a debt collection agency to stop contacting you, this does not stop you from being sued for collection of the debt.

Does Bankruptcy Provide Additional Protection?

Yes, bankruptcy gives you additional protection from abusive or harassing conduct of both debt collection agencies and the original creditors your debts are owed to. When you file bankruptcy, it triggers an automatic “stay” preventing creditors and debt collectors from communicating with you or taking any additional actions attempting to collect debts. After you file bankruptcy, creditors are bound by the bankruptcy code, and the bankruptcy court oversees the debt collection process.

Bankruptcy might not be the best choice for everyone facing debt collections, and alternative options may be available under federal or Nevada law. For further guidance and to discuss your options, you should consider speaking with an experienced bankruptcy lawyer.

Can a Bankruptcy Lawyer in Las Vegas Stop the Constant Harassment?

Even if you’re struggling under considerable debt, you still have rights in the State of Nevada. If you are being harassed or threatened by debt collectors, there are many ways to exercise your rights and achieve peace of mind, potentially including bankruptcy with its additional rights and protections. An experienced bankruptcy lawyer in Las Vegas can advise you of your rights and help explore which options may be best for you. To learn more, contact Larson & Zirzow today at 702-382-1170 to schedule a complimentary consultation.

Sources:

 tc.gov/legal-library/browse/rules/fair-debt-collection-practices-act-text

leg.state.nv.us/nrs/nrs-649.html

nvbar.org/for-the-public/find-a-lawyer/lrs/collections/