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 Credit Repair and Creditor Harassment Credit Repair Credit Repair is another Non-Bankruptcy Program that our Tampa Bankruptcy attorneys offer. Credit Repair is available to two varieties of Clients. For our Bankruptcy Clients, we offer Credit Repair after the Debtor receives her Discharge in a Chapter 7 Bankruptcy or after the Debtor’s Case is Confirmed in a Chapter 13 Bankruptcy. For our Non-Bankruptcy Clients we also offer Credit Repair. In both cases, Credit Repair involves reviewing your Credit Report and objecting to any mistakes, omissions or inconsistencies through a formal process of certified correspondence. In Florida a Judgment can be valid for up to twenty years. The Judgment is automatically valid for ten years and the creditor can re-record the Judgment for an additional ten years, for twenty years in total. A bad remark can be on your credit report for seven years but Creditors have methods for keeping a remark on your credit much longer. Credit Repair can have a dramatic effect on your Credit Score if done properly. Similar to Debt Settlement Programs, beware the Hucksters and Liars. It is not legitimate or lawful to repair your Credit by obtaining a new Social Security number. It is only lawful to obtain a new Social Security number if someone has misappropriated your original Social Security number and not because one has bad Credit. Credit Repair also can not usually eliminate legitimate Debts from your Credit Report. Credit Repair is designed to improve your Credit Report and Credit Score by eliminating mistakes, omissions and inconsistencies from your Credit Report, thereby increasing your Credit Score. |
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Creditor Harassment: We have a number of Clients who are the subject of Creditor Harassment. If you owe money to a Creditor, the Creditor is limited in the manners it can attempt to collect that Debt. A Federal Law called the Fair Debt Collection Practices Act (FDCPA) and its version under the State of Florida, prevents Creditors from certain Collection Practices. For example, Creditors are usually enjoined under the Law from calling you early in the morning (before 8:00AM) or late at night (after 9:00PM). They are also prohibited from contacting Family or Friends regarding your Debt, from contacting your Employer if she does not welcome such calls, or to contact you if you are represented in a Bankruptcy or are represented by an Attorney. Some Creditors will commit outrageous acts in an attempt to collect a debt. One creditor sent a representative dressed as a Police Officer to a Debtor’s house and threatened to arrest the Debtor. The majority of Creditors can be annoying but not necessarily sanctionable under the Creditor Harassment Statutes. However, in the more egregious cases, we will sanction a Creditor for bad behavior. The Court will usually award our Clients a nominal sum for the violation of the Statutes plus Punitive Damages in many cases. The average damages usually amount to about $7000.00. We do not charge a fee for representing our Clients in such matter but our compensation is usually a percentage of the amount awarded by the Judge. Creditors and Debt Collectors have become very aggressive in their efforts to collect a debt. It is important to notate the calls you receive from a creditor as they might violate one or more of the laws meant to protect you. The more detailed of a recording you can make the better. Always write down the number that called, who you spoke with, what they said, what time they called, what you told them, and who they represent. This information can be very crucial in taking action against any creditors or collection agencies that violate the various consumer protection laws. |
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