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Minnesota Consumer Rights Blog

Questions about bankruptcy and creditor harassment

If you have recently filed for bankruptcy in Minnesota, it is likely that you're aware of the automatic stay. You will probably be relieved that you no longer have to be subject to stressful calls from creditors. The automatic stay means that creditors can no longer contact you.

However, many people who have recently filed for bankruptcy continue to suffer from creditor harassment. If you are receiving calls from creditors after filing for bankruptcy, it is important that you understand how the law works in these matters.

Common questions about stopping creditor harassment

If you are going through financial hardships, one of the most stressful aspects is dealing with calls and mail from creditors who are asking for their money back. While creditors are allowed to send reminders within reason, there are actually laws in place to prevent harassing conduct.

If you are suffering because you feel harassed by creditors and debt collectors in the state of Minnesota, it is important to take action. The following are some of the most frequently asked questions about the law on creditor harassment.

Identity theft can have implications on your credit report

Being a victim of identity theft can feel like a living nightmare. Not only will you likely suffer from having your bank account funds depleted and credit cards used, but there may be ramifications that last for months or years.

One of the most common effects of identity theft can be a poor credit report. This is because the actions of the person committing identity theft will have been recorded as your own behavior.

Common questions about fair credit reporting

If you recently applied for a job or a loan only to be denied the opportunity because of an incorrect or outdated credit report, you understand the frustration that this brings. As a consumer, you have little control over what a credit report says about you, but credit reporting companies have the legal responsibility to report correctly.

If you suffered damages as a result of an incorrect credit report, it is important to understand your consumer rights. The following are some of the most frequently asked questions regarding fair credit reporting rights.

When is property repossession wrongful?

Having your home repossessed can be an extremely stressful situation to be in. You may find yourself in financial struggles as well as facing the prospect of being homeless. A creditor can only rightfully repossess your home under certain circumstances, and sometimes, mistakes are made.

If you are facing the repossession of your home and you have reason to believe that the repossession is a wrongful one, it is important to read more about the law. Once you understand the ways a wrongful repossession can be proven, you will be more empowered to take action.

Misleading advertising and Social Security

We interact with advertising every day, on billboards, in magazines and online. It is important that this advertising is truthful in nature and does not mislead its readers. There are laws in place in order to protect people from misleading advertising; therefore, it is important that you take the time to understand your rights if you believe you have fallen victim to misleading advertising.

Some misleading advertising tries to spark fear in you so that you will take action without thorough thought. Many companies, in particular, try to offer you the services that you pay for, when, in fact, they are available for free when you get in touch with Social Security.

Taking a stand against abusive debt collection

Dealing with debts can be very stressful especially if you can't address delinquent accounts immediately. You may be at the point where you worry about the debt collector calling or otherwise trying to get in touch with you. While debt collectors have a right to do their work, they must do so in a respectful and non-harassing manner.

The Fair Debt Collection Practices Act (FDCPA) was put in place to protect those who are struggling with debt. The act recognizes that people dealing with debt are not doing so intentionally, and they are usually in a less than perfect situation while doing the best that they can.

Can I fix issues with my credit report?

Credit reports can be an invaluable part of getting a job, buying a home or getting granted a loan. This is why it is so important that they display information correctly. While most of the time, credit reports will be up-to-date, there can be issues with the information displayed in them. Sometimes, these errors might cost you some great opportunities. For example, it might prevent you from being able to buy a car or get a job.

If you have experienced inaccuracies with your credit report in the state of Minnesota, it is important to know that there are certain things you can do in order to remedy the situation. In instances where you have suffered consequences because of the false credit reporting, you may even be able to take legal action.

Taking action if you receive sales calls after opting out

One of the most irritating aspects of modern technology is the various forms of advertising that comes with it. From constant sales emails to website banners, one of the most pervasive sales techniques continues to be telemarketing calls. These have the potential to be harassing because you cannot simply ignore a constantly ringing telephone.

This is why the Telephone Consumer Protection Act (TCPA) was put into place in 1992. The act includes many different regulations that telemarketing companies must follow at all times. This includes them only being able to call at sociable hours and having the legal duty to provide their name as well as the contact information of the company on whose behalf they are calling. They also have the responsibility to refrain from calling you again if you have chosen to opt out of calls from that company or if you have registered on the Do Not Call list.

When do creditors have the right to take my car?

If you have an asset on credit, for example, if you are paying off a loan on your car, or have a mortgage on your house, legally, it is not really yours. Therefore, you must keep to the terms of the loan repayments if you do not want your creditors to take action against you.

While, in theory, creditors have the right to be able to repossess an item that you have not been paying for, the situation is slightly complex because of other laws, such as your right to have your property secured and your right to refuse entry to trespassers. If you have not paid off a loan on a couch, for example, creditors would be breaking the law if they tried to break in to your property in order to retrieve the couch.

Get Answers To Your Questions

Contact the Consumer Justice Center. Tommy Lyons can speak with you in a free initial consultation arranged at 800-556-6752, toll free, or by email from wherever you are in the U.S.

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Consumer Justice Center P.A.
367 Commerce Court
Vadnais Heights, MN 55127

Toll Free: 800-556-6752
Phone: 612-200-1495
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