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Creditor Harassment

Our Denver Attorneys Help You Stop Creditor Harassment

Are creditors contacting you at all hours of the night? Are they calling your workplace, family, and friends? Are they threatening to take legal action? You may be a victim of creditor harassment. Creditor harassment, although very common in Colorado, is illegal. If you think you are experiencing creditor harassment, contact our Denver attorneys now. We’ll help you fight back and get control of your life again.

What Is Creditor Harassment In Colorado?

In Colorado, creditor harassment refers to any unlawful or abusive conduct by creditors or debt collectors aimed at coercing debtors to repay their debts. Under Colorado law, specifically the Colorado Fair Debt Collection Practices Act (CFDCPA), creditors are prohibited from engaging in deceptive, unfair, or harassing behavior during debt collection activities. Similarly, the federal Fair Debt Collection Practices Act (FDCPA) protects debtors from abusive debt collection practices nationwide, including in Denver County, Colorado.
Examples of creditor harassment may include:
  • Incessant phone calls
  • Threats of violence or harm
  • Using obscene language
  • Making false statements regarding the debtor’s debt or legal rights
According to the Colorado Revised Statutes, creditors are required to provide accurate information about the debt and refrain from making false representations or misleading statements. Additionally, Title 5 of the Colorado Revised Statutes prohibits deceptive trade practices, which may encompass unfair debt collection tactics.
You also have the right to request a debt verification in writing, dispute the debt, and request that creditors cease communication. Under the FDCPA, upon receiving a written request to cease communication, creditors must comply.
If creditors fail to adhere to these legal requirements, you can take legal action. Debtors who have experienced creditor harassment may be entitled to damages, including statutory damages, actual damages, and attorney fees, as stipulated in both the CFDCPA and the FDCPA.

What Are My Rights As A Debtor In Denver?

As a debtor in Denver, Colorado, you possess certain rights protected by both state and federal bankruptcy laws. Under the United States Bankruptcy Code, specifically in Chapter 7 and Chapter 13 bankruptcy proceedings, debtors are entitled to a stay of creditor collection activities upon filing a bankruptcy petition. This automatic stay prohibits creditors from pursuing collection actions such as lawsuits, wage garnishments, or harassing phone calls.
Automatic Stay
In addition to the automatic stay, debtors have the right to retain certain exempt property under Colorado bankruptcy exemptions, as delineated in the Colorado Revised Statutes. These exemptions allow debtors to safeguard essential assets, including their homestead, personal property, and retirement accounts, up to specified monetary limits. By utilizing these exemptions, debtors can protect their property from liquidation by the bankruptcy trustee.
Furthermore, debtors have the right to attend the 341 meeting of creditors. The 341 meeting of creditors provides an opportunity for creditors to inquire about the debtor’s financial affairs under oath, during which debtors must cooperate with the bankruptcy trustee and provide accurate information.
Debtors also have the right to seek relief from burdensome debts through either Chapter 7 or Chapter 13 bankruptcy, depending on their financial circumstances. Chapter 7 bankruptcy offers relief by wiping out the majority of your unsecured debts, whereas Chapter 13 bankruptcy facilitates a structured repayment strategy spanning three to five years to settle debts.

How Often Is A Debt Collector Allowed To Contact Me In Colorado?

In Colorado, strict regulations govern the frequency and manner in which creditors can contact debtors. The FDCPA applies nationwide, including in Denver and Denver County, and protects consumers from harassment or abusive behavior by debt collectors. Specifically, the FDCPA limits the frequency of contact by debt collectors to avoid harassment.
Debt collectors in Colorado are generally restricted from contacting debtors before 8:00 a.m. or after 9:00 p.m. unless the debtor has given express consent, or a court has granted the debt collector permission. Moreover, they cannot contact debtors at their place of work if they know that the debtor’s employer prohibits such communication.
Additionally, under Colorado law, specifically the CFDCPA, debt collectors must adhere to further restrictions. The Colorado Revised Statutes prohibit debt collectors from communicating with debtors in a manner that constitutes harassment or abuse, including excessive telephone calls or using threatening language.
If a debtor requests in writing that a debt collector cease further communication, the debt collector must comply with this request under both the FDCPA and the CFDCPA, respectively. Not adhering to these legal obligations could lead to legal repercussions for the debt collector and possible compensation for the debtor due to damages incurred.
Debtors in Colorado should be aware of their rights under state and federal law regarding debt collection practices. To ensure you understand these rights, consult with a Denver attorney specializing in creditor harassment.

Can A Debt Collector Contact My Family, Friends, Or Place Of Employment?

In Denver and Denver County, Colorado, debt collectors are subject to stringent regulations governing their communication with debtors, including restrictions on contacting third parties such as family members, friends, or employers. Under the FDCPA, enforced both federally and statewide, debt collectors are prohibited from disclosing a debtor’s debt to third parties except under specific circumstances. While debt collectors are generally allowed to contact third parties to obtain location information about the debtor, such as their address, phone number, or place of employment, they are prohibited from disclosing the purpose of their call unless expressly requested by the third party.
Moreover, debt collectors cannot contact a debtor’s place of employment if they are aware that the debtor’s employer prohibits such communication. This restriction protects debtors from potential embarrassment or harm to their employment status. Under Colorado law, specifically the CFDCPA, debt collectors are further restricted from engaging in harassing or abusive behavior, including contacting third parties in a manner that harasses or annoys the debtor.
If a debtor requests in writing that a debt collector cease further communication, the debt collector must comply with this request under both the FDCPA and the CFDCPA. Otherwise, they may face legal consequences. To address any unlawful or abusive conduct by debt collectors, debtors in Denver County, Colorado must consult with an experienced attorney to take appropriate action.

What Are Cease And Desist Orders?

Cease and desist orders play a vital role in protecting debtors from creditor harassment in Denver and Denver County, Colorado. Issued by authorized regulatory bodies such as the Colorado Attorney General’s Office or the Federal Trade Commission (FTC), cease and desist orders instruct creditors or debt collectors to halt specific actions, such as contacting the debtor, engaging in deceptive practices, or violating state or federal debt collection laws.
Court issues orders in response to complaints filed by debtors alleging creditor harassment or unlawful debt collection practices. Once issued, a cease and desist order legally obligates the recipient to cease the specified conduct immediately. Failure to do so can incur legal penalties, including fines or sanctions imposed by the issuing authority.
Cease and desist orders provide debtors with a powerful tool to stop creditor harassment and protect their rights under the law. Debtors experiencing unlawful debt collection practices can file a complaint with the appropriate regulatory agency, prompting an investigation into the creditor’s conduct. If the investigation confirms allegations of harassment or violation of debt collection laws, the regulatory agency might issue a cease and desist order against the creditor.

Under Colorado law, specifically the CFDCPA, creditors are required to comply with cease-and-desist orders issued by the Colorado Attorney General’s Office or other authorized agencies. In the same vein, creditors are required to obey cease-and-desist orders issued by the FTC under the federal FDCPA.

Contact Denver's Knowledgeable Legal Team Now To End Creditor Harassment

Creditor-Harassment
For individuals experiencing creditor harassment in Denver and Denver County, Colorado, seeking legal representation is imperative to halt such unlawful practices and protect their rights under bankruptcy law. Creditor harassment encompasses a range of abusive behaviors employed by creditors or debt collectors to coerce debtors into repaying their debts. Under both state and federal law, including the FDCPA and the CFDCPA, debtors are entitled to protection from such harassment.
Debt collectors cannot engage in deceptive or abusive practices, such as making false statements about the debtor’s debt, using obscene language, or threatening violence. If the creditor or debt collector violates the law, they may have to pay monetary damages to the debtor. Moreover, debtors have the right to request verification of the debt in writing and dispute the debt if they believe it is inaccurate or invalid under the law.
Our experienced legal team specializes in navigating the complexities of bankruptcy law in Colorado. With a deep understanding of both state and federal regulations governing creditor harassment, we can provide comprehensive representation to end harassing tactics and protect your financial interests. By taking proactive steps to seek legal assistance, you can gain control over your financial situation and prevent further harassment from creditors or debt collectors.
If you are facing creditor harassment, contact our Denver law offices for a consultation. Take action now to end creditor harassment and regain peace of mind.

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