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How to File a Lawsuit for Creditor Harassment After Repeated Phone Calls and Threats
At Rapa Law Office, P.C., we know how overwhelming it can be when creditors repeatedly call, threaten, or otherwise harass you about unpaid debts. These actions can feel invasive and persistent, especially if they continue even after you've asked for them to stop.
While bankruptcy may be an option for many, legal action against creditor harassment stands as a separate and powerful tool. When your rights are violated, Pennsylvania law and federal regulations give you a voice and a path to hold the offending parties accountable.
What Constitutes Creditor Harassment
Before we file a lawsuit, we need to recognize what actually counts as harassment. Creditors and debt collectors have strict legal obligations. When they cross certain lines, their actions are not just unethical, they're illegal. Common forms of illegal harassment include:
Frequent phone calls: When debt collectors call multiple times per day or week to pressure you, especially after you've asked them to stop.
Threats and abusive language: Any language that threatens violence, arrest, or lawsuits that have no legal basis.
Contacting third parties: Reaching out to your employer, family, or neighbors about your debt without consent.
Calling at odd hours: Calls placed before 8 a.m. or after 9 p.m. unless you’ve agreed to those hours.
Refusing written communication: If a collector ignores your request to correspond only in writing.
Pennsylvania’s Fair Credit Extension Uniformity Act (FCEUA) and the federal Fair Debt Collection Practices Act (FDCPA) both make these behaviors illegal. If a creditor or collector violates these laws, you may have grounds to sue.
Gathering Evidence to Strengthen Your Case
Once we've identified harassment, the next step is gathering the kind of evidence that can help us prove our claim in court. Clear documentation helps strengthen your position and paints a picture of persistent misconduct. Important records to keep include:
Call logs: Write down the date, time, and content of each phone call, including the caller’s name, the phone number they used, and any threats or aggressive behavior.
Voicemails and recordings: Save every voicemail. If your state allows it, record calls when possible.
Written communication: Keep every email, letter, text, or message sent by the creditor.
Cease communication notices: Make copies of any letters you sent asking the collector to stop contacting you.
Medical and psychological records: If the harassment caused stress, anxiety, or physical harm, medical records can become valuable.
Documentation doesn't just help us build a stronger case; it also discourages some collectors from continuing their behavior once they know you’re keeping a detailed record.
Steps to Filing a Creditor Harassment Lawsuit
If you're ready to move forward and file a lawsuit, there are several steps we’ll take together. Suing a debt collector isn't just about stopping the harassment; it’s also about recovering damages for what you’ve endured. Here’s what the process generally looks like:
Review the evidence: We go through every piece of documentation you’ve collected to evaluate the strength of your case.
Determine legal violations: We identify which laws were broken—FDCPA, FCEUA, or both—and decide the best venue to pursue your claim.
File a complaint: This document, filed in state or federal court, outlines your allegations against the collector.
Serve the collector: Legal documents are formally delivered to the collector or agency being sued.
Go through discovery: Both sides exchange relevant information, including call logs, communication records, and internal collector notes.
Attend hearings or settlement talks: Depending on the situation, we may resolve the case through a negotiated settlement or proceed to trial.
Throughout this process, we’ll make sure your rights are protected and that your voice is heard clearly.
Types of Compensation You May Be Entitled To
When we win a creditor harassment lawsuit, the court may award damages based on both your emotional and financial losses. Even if the harassment didn’t result in direct financial harm, you can still recover statutory damages.
Statutory damages: Under the FDCPA, you can be awarded up to $1,000 even if you didn’t suffer actual financial loss.
Actual damages: These include out-of-pocket expenses (such as phone bills or medical costs) and emotional distress caused by harassment.
Punitive damages: In cases of especially egregious behavior, the court may punish the collector with additional penalties.
Attorney’s fees and court costs: Most successful claims under FDCPA allow for the recovery of legal costs.
We pursue every appropriate form of compensation based on the evidence and severity of the violations.
When Bankruptcy Might Also Be an Option
Some clients facing constant harassment are also struggling with insurmountable debt. When that’s the case, filing for bankruptcy can provide additional relief by putting an immediate stop to collection efforts. The automatic stay created by bankruptcy law halts all communications from creditors and debt collectors.
There are two primary forms of personal bankruptcy: Chapter 7 and Chapter 13. We’ll help determine which chapter fits your situation. While the lawsuit focuses on harassment, bankruptcy offers a broader financial reset. The two legal strategies can work together, especially if your goal is peace of mind and long-term financial stability.
What to Expect During Litigation
Once the lawsuit is filed and served, we prepare for what may follow: motions, hearings, and possibly a trial. While each case is different, creditor harassment lawsuits often resolve without the need to go all the way to court. Many debt collectors would rather settle than face public scrutiny or judgment.
If a settlement is on the table, we’ll discuss whether it fairly compensates you. If it’s not acceptable, we’ll proceed with confidence. We prepare every case as if it’s going to trial, so you’re never left unprepared. Some important stages of litigation include:
Pre-trial motions: Creditors may try to dismiss the case, but solid evidence usually defeats such attempts.
Depositions and interrogatories: Both sides can ask questions and request documents.
Trial preparation: We develop a clear timeline, compile all evidence, and organize testimony.
Trial or settlement: If no agreement is reached, a judge or jury will hear the case.
It’s not unusual for collectors to change their tone once they realize they’re being sued. Legal pressure often leads to faster and fairer resolutions.
Legal Time Limits to Keep in Mind
Pennsylvania law places deadlines on filing creditor harassment lawsuits. If too much time passes, you may lose the right to take legal action.
FDCPA statute of limitations: One year from the date of the violation.
FCEUA statute of limitations: Typically two years under Pennsylvania law.
The sooner you act, the better. Evidence is easier to gather, memories are fresher, and creditors are less likely to shift tactics if they know they’ve been caught early.
Why Working With a Lawyer Matters
Although it’s possible to file a lawsuit on your own, the legal process is filled with deadlines, formal documents, and strict procedures. Having an experienced lawyer on your side makes a measurable difference.
We’ve handled numerous harassment claims and understand how creditors try to defend themselves. From crafting the complaint to appearing in court, we handle the details so you can focus on recovery. Our job is to make sure your voice is heard, your rights are upheld, and you receive fair compensation.
Preventing Future Harassment
Winning a harassment case not only brings closure but also serves as a warning to other collectors. Still, you may want to take additional steps to protect yourself in the future.
Send written requests to cease contact: Under the FDCPA, collectors must stop contacting you once they receive such a request.
Request verification of debts: If you’re unsure whether a debt is legitimate, you have the right to request proof within 30 days of initial contact.
Avoid admitting ownership of old debts: In Pennsylvania, acknowledging or making partial payments on time-barred debts can restart the statute of limitations.
Monitor your credit reports: Keep an eye on any unauthorized entries or duplicate listings that may indicate continued activity from aggressive collectors.
Legal success doesn’t just end harassment—it gives you tools and awareness to prevent it from happening again.
Reach Out to an Attorney
You don’t have to tolerate harassment any longer. If you're tired of constant calls and threats, it's time to take legal action. Rapa Law Office, P.C. is based in Allentown, Pennsylvania, and we proudly serve Lehighton, Palmerton, Jim Thorpe, Bethlehem, Walnutport, Northampton, and Slatington. Let us help you hold these collectors accountable—contact us today to get started.