Repeated collection calls, threatening letters, or pressure from creditors can make it difficult to determine what to do next. If you are dealing with debt collection in Royal Palm Beach, Florida, it helps to understand the difference between ordinary collection activity and conduct that may violate Florida or federal law.
Florida law prohibits certain practices when consumer debts are being collected. Depending on the circumstances, bankruptcy may also provide a separate path for addressing qualifying debts and collection activity.
The important question is not simply how often a creditor contacts you. The details matter: who is contacting you, what they are saying, how they are communicating, what type of debt is involved, whether you have disputed the debt, and whether a lawsuit or other legal proceeding is already underway.
What Is Creditor Harassment?
Florida’s Consumer Collection Practices Act prohibits specific practices when collecting consumer debts.
Florida Statute § 559.72, for example, prohibits a person collecting a consumer debt from willfully communicating with a debtor or the debtor’s family with a frequency that can reasonably be expected to harass or abuse them. The statute also addresses other conduct, including certain threats, deceptive representations, improper disclosures, and communications designed to create a false impression of legal or governmental authority.
Not every collection call or demand for payment is automatically harassment.
A creditor or debt collector generally has the right to seek payment of a legitimate debt. The legal issue is whether the particular conduct falls within a prohibition under applicable law.
Creditor vs. Debt Collector: Why the Difference Matters
The terms creditor and debt collector are sometimes used interchangeably, but Florida law distinguishes them.
A creditor is generally a person or entity to whom a debt is owed. Florida law separately defines a debt collector and addresses consumer collection practices under Chapter 559.
That distinction can matter when evaluating which laws apply to a particular collection situation.
Federal law may also apply to certain debt-collection conduct. The Fair Debt Collection Practices Act, or FDCPA, regulates certain collection practices by covered debt collectors.
The fact that someone is attempting to collect a debt does not, by itself, establish that the collection activity is unlawful. The identity of the collector, type of debt, communications, and circumstances all matter.
Examples of Collection Conduct That May Raise Legal Questions
Florida Statute § 559.72 identifies several prohibited practices.
Depending on the circumstances, these include:
- Repeated communications that can reasonably be expected to harass or abuse the debtor or the debtor’s family
- Threats of force or violence
- Certain improper communications with an employer
- Disclosing information about a debt to people who do not have a legitimate business need for that information
- Using abusive or profane language
- Attempting to enforce a debt the collector knows is not legitimate
- Creating a false impression that a communication is authorized by a government agency or attorney
- Refusing to provide adequate identification when requested
- Certain communications during prohibited hours
- Directly contacting a debtor in circumstances covered by the statute when the collector knows the debtor is represented by an attorney concerning that debt
These rules are fact-specific. A single communication cannot be evaluated in isolation when the applicable law requires consideration of the circumstances surrounding the collection activity.
What Should You Do If Collection Calls Keep Coming?
Start by documenting what is happening.
Keep:
- Letters and collection notices
- Emails
- Text messages
- Voicemails
- Dates and times of calls
- The name of the company contacting you
- The name of the person contacting you, if provided
- The account or debt being discussed
- Any lawsuit or court documents
- Any written dispute concerning the debt
- Evidence of communications with the creditor or collector
Do not exaggerate or alter the record.
A simple chronological log can be more useful than trying to remember every call later.
If a lawsuit or court notice has been served, keep the original documents and note the date you received them. Do not assume that collection calls are the only issue that needs attention.
Can You Tell a Creditor to Stop Calling?
The answer depends on who is contacting you, the applicable law, and the circumstances.
For some debt collectors covered by federal law, written requests to stop communications can have legal consequences under the FDCPA, subject to statutory exceptions.
Florida law also contains specific restrictions on collection communications.
Because the legal rules differ depending on the type of collector and debt, do not assume that sending a particular letter will resolve every collection problem.
If you are considering sending a legal notice or disputing a debt, keep a copy of what you send and the evidence showing when it was sent.
Can Bankruptcy Stop Creditor Harassment?
Bankruptcy can affect collection activity, but it is not simply a mechanism for stopping phone calls.
When a bankruptcy petition is filed, the automatic stay under 11 U.S.C. § 362 generally prohibits specified actions to collect pre-bankruptcy debts, including certain lawsuits and enforcement actions. The statute contains exceptions, and creditors can ask the bankruptcy court for relief from the stay in appropriate circumstances.
Whether bankruptcy is appropriate depends on the person’s overall financial circumstances.
That may include:
- Income
- Household expenses
- Assets and property
- Secured debts
- Unsecured debts
- Tax obligations
- Recent financial transactions
- Existing lawsuits
- Garnishment or collection activity
- The type and amount of debt
A person should not choose Chapter 7 or Chapter 13 solely because creditors are calling.
The broader financial situation needs to be reviewed first.
How Florida’s Debt Collection Law May Apply
Florida’s Consumer Collection Practices Act, found in Chapter 559, contains specific restrictions on consumer debt collection.
Section 559.72 lists prohibited practices. Section 559.77 provides for civil remedies for violations, including actual damages and, in appropriate circumstances, additional statutory damages of up to $1,000, as well as court costs and reasonable attorney’s fees.
The existence of a collection problem does not automatically mean that a statutory violation occurred.
The specific communication, conduct, debt, collector, and circumstances should be reviewed before reaching that conclusion.
What If a Creditor Has Already Filed a Lawsuit?
Do not ignore court papers because you are considering bankruptcy.
A collection lawsuit can create deadlines that need attention independently of your research into debt relief.
Bring the lawsuit documents to a consultation and identify:
- The court
- The case number
- The plaintiff
- The date you were served
- The claims being made
- Any response deadline stated in the documents
- Any judgment that has already been entered
If a judgment already exists, the legal situation may be different from a debt that has not yet resulted in a judgment.
What If Your Wages or Bank Account Are at Risk?
Collection activity can sometimes progress beyond telephone calls and letters.
Depending on the circumstances, a creditor may pursue legal remedies after obtaining a judgment.
If you have received documents concerning a lawsuit, judgment, garnishment, levy, or other enforcement action, bring them to a consultation promptly.
Do not assume that a bankruptcy filing or a claim of creditor harassment automatically resolves every collection or enforcement issue.
The applicable law and the status of the debt matter.
What to Bring to a Consultation
A consultation is more productive when the attorney can see the actual documents rather than a summary from memory.
Consider bringing:
- Collection letters
- Creditor statements
- Emails and text messages
- Relevant voicemails
- A call log
- Lawsuit or court documents
- Garnishment documents
- Bank or account notices
- A list of creditors and approximate balances
- Recent income information
- A list of major monthly expenses
- Information about vehicles, real estate, and other significant property
- Information about recent financial transactions
Keep sensitive financial information private and provide it through the appropriate consultation or document-submission process.
Questions to Ask During the Consultation
You may want to ask:
- Is the conduct I am experiencing potentially prohibited under Florida or federal law?
- Who is actually collecting the debt?
- Does the type of debt affect the legal analysis?
- Has a lawsuit or judgment changed my situation?
- Would bankruptcy address the debts involved?
- How could Chapter 7 or Chapter 13 affect my situation?
- What happens to collection activity if a bankruptcy case is filed?
- What information or documents are still needed before a recommendation can be made?
These questions can help keep the consultation focused on the actual facts of the case.
When Should You Seek Legal Advice?
Consider getting legal advice promptly if you have received:
- A lawsuit
- A judgment
- A wage-garnishment notice
- A bank-levy notice
- Repeated collection communications that may be abusive or deceptive
- Communications suggesting a collector is impersonating an attorney or government agency
- Threats involving consequences the collector may not legally impose
- Collection activity concerning a debt you dispute
- Collection activity after a bankruptcy filing
The sooner the relevant documents are reviewed, the easier it may be to identify deadlines and determine what issues need attention.
Frequently Asked Questions
Is repeated debt collection harassment illegal in Florida?
Not every repeated communication is automatically unlawful. Florida Statute § 559.72 prohibits willful communication with a debtor or the debtor’s family with a frequency that can reasonably be expected to harass or abuse them, along with other specified collection practices.
Can a creditor call me at work?
Florida law contains specific restrictions concerning communications with an employer, but whether a particular communication violates the law depends on the circumstances and the statutory requirements.
Can debt collectors call at night?
Florida Statute § 559.72 generally prohibits communications with a debtor between 9 p.m. and 8 a.m. in the debtor’s time zone without prior consent, subject to the statute’s provisions.
Can creditor harassment be a reason to consider bankruptcy?
It can be one factor, but bankruptcy should not be selected solely because collection calls are stressful. The debts, income, property, expenses, and other financial circumstances need to be reviewed.
Does bankruptcy stop collection calls?
The automatic stay generally prohibits specified collection actions after a bankruptcy petition is filed, but exceptions exist and creditors can seek relief from the stay in appropriate circumstances.
Can I sue a debt collector for harassment?
Potential remedies depend on the facts and the law that applies. Florida Statute § 559.77 provides civil remedies for violations of § 559.72, including actual damages and potential additional statutory damages of up to $1,000, plus court costs and reasonable attorney’s fees as provided by the statute.
Creditor Harassment and Bankruptcy in Royal Palm Beach
If you are dealing with collection calls, collection letters, a lawsuit, garnishment concerns, or other financial pressure in Royal Palm Beach, The DeVries Law Firm, P.A. can discuss your circumstances and explain what information is needed to evaluate your options.
The firm can also discuss whether bankruptcy may be an option based on your debts, income, property, and other financial circumstances.
Schedule a consultation:
https://devrieslegal.com/contact/
Call: (904) 348-0030
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
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Information, not legal advice. No attorney client relationship formed. We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.