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Creditor Harassment in Northwest Georgia

 

Caring & Professional Bankruptcy Lawyer

Federal and state laws prohibit overreaching or abusive debt collection tactics. The Federal Fair Debt Collection Practices Act (FDCPA) protects consumers who owe money to credit card companies, merchants, and others for household debts. This act cannot, however, erase the debt or restrict the creditor’s options for seeking payment through legal action. Our dedicated Northwest Georgia bankruptcy lawyers use the latest technology and stays current on federal and state legal codes to provide well-informed legal services.

If you are being harassed by creditors, Bournakis and Mitchell, P.C. can help. Contact us at (706) 350-6075 to speak with a Northwest Georgia bankruptcy attorney today.

Defend Against Harassment with the Georgia Industrial Loan Act

The Georgia Industrial Loan Act (Georgia ILA) offers additional protection beyond the FDCPA. It limits the amount of interest, fees, and late charges that creditors can charge to consumers, prohibits creditors from using abusive debt collection practices, and requires a license to make consumer loans of $3,000 or less. This license requirement does not extend to banks, real estate and mortgage companies, trust companies, and the University System of Georgia, and this act only applies to loans of $3,000 or less. If your loan exceeds this amount, your main line of protection is the FDCPA.

Under this law creditors cannot:

  • Harass or embarrass the debtor
  • Harm or threaten the debtor with violence
  • Make misleading or false representations to the debtor
  • Engage in unfair debt collection practices such as seeking affirmation of a debt by a consumer in bankruptcy

If creditors are harassing you or using abusive tactics, the Georgia ILA allows you to file a complaint with the Georgia Industrial Loan Commissioner. This commissioner has the power to investigate complaints and can suspend or revoke the lender’s business license, levy fines against the lender, or even find the lender criminally guilty of a misdemeanor and declare the loan null and void depending on the circumstances.

Another option for fighting harassment is to file a civil lawsuit against the creditor, debt collector, or credit agency with the possibility of receiving twice the amount of the interest and loan fees if you win. At Bournakis and Mitchell, P.C., our passionate Northwest Georgia bankruptcy lawyers can examine the facts of your situation and represent you against creditors in court to seek a beneficial outcome.

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