What to Do If Debt Collectors Are Harassing You
- McMann, P.A.
- May 3
- 2 min read
Don’t let debt collectors control your life
Introduction
Don't know what to do if debt collectors are harassing you at all hours or threatening you in Polk County? You don’t have to put up with it. Both the federal Fair Debt Collection Practices Act (FDCPA) and Florida’s Consumer Collection Practices Act (FCCPA) protect you from harassment.
This guide explains your rights, steps to take, and when bankruptcy might be the right solution.
Your Rights in a Nutshell
FDCPA: Stops third-party debt collectors from harassing you, lying about debts, or calling at inconvenient times (e.g., before 8 a.m. or after 9 p.m.).
FCCPA: Extends protections to original creditors and bans tactics like late-night calls, employer contact without permission, or threats of arrest.
Steps to Stop Harassment
Verify the Debt: Ask the collector for a written validation notice. If it’s not your debt or the amount is wrong, dispute it within 30 days. Learn more at CFPB’s Debt Dispute Guide.
Send a Cease-and-Desist Letter: Write to the collector to stop contact. Keep copies of all correspondence.
Document Everything: Record call times, dates, and what was said. This helps if you need to file a complaint or sue.
File a Complaint: Report violations to the FTC or Florida Attorney General.
Get Legal Help: An attorney can enforce your rights and stop harassment.
When to Consider Bankruptcy
If debt collectors are relentless and your debts are overwhelming, bankruptcy might offer relief. Filing bankruptcy triggers an “automatic stay,” stopping all collection efforts, including calls and lawsuits. In Polk County, bankruptcy cases are filed at the Tampa federal courthouse. Our firm can help with:
Chapter 7: Eliminates unsecured debts like credit cards in months, often letting you keep your home and car under Florida’s exemptions.
Chapter 13: Creates a 3–5-year repayment plan to catch up on debts like mortgages.
Real-Life Examples
John’s Story: John in Winter Haven faced workplace calls despite objections. He sent a cease-and-desist letter under the FDCPA and FCCPA, stopping the harassment.
Maria’s Story: Maria in Davenport was threatened with arrest. She reported the collector for violating both laws and consulted our firm about bankruptcy to address her debts.
Lisa’s Story: Lisa in Lakeland got late-night calls. She documented the violations and used the FCCPA to stop them, later exploring Chapter 7 to eliminate her debts.
Next Steps
Don’t let debt collectors control your life. Our Polk County law firm can help you enforce your rights and explore bankruptcy if needed. Visit our Bankruptcy Information Page or call for a free consultation to learn how we can file your case in Tampa and stop the harassment for good.
Mark D. McMann
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