Reducing Harassing Creditor Calls: Practical Steps for Monroe Debtors

The Phone Won’t Stop Ringing – Here’s How to Make It Stop

Your phone buzzes at 7 AM sharp. Again at lunch. Three more times during dinner with your family. The same collection agency, the same aggressive tone, the same threats about your overdue credit card payment. Sound familiar? If you’re living in Monroe and drowning in debt, those relentless creditor calls might feel like a nightmare that never ends.

But here’s what many Louisiana residents don’t realize: you have powerful legal rights that can put an immediate stop to harassing creditor behavior. The constant phone calls, the threats, and the intimidation tactics aren’t just annoying – they’re often illegal under both federal and Louisiana state law.

What Makes a Creditor Call Harassment Under Louisiana Law?

Not every collection call qualifies as harassment, but many cross the line into illegal territory. Under the Fair Debt Collection Practices Act (FDCPA) and Louisiana Revised Statutes Title 9, Section 3562, debt collectors cannot:

• Call you before 8 AM or after 9 PM
• Contact you at work if they know your employer prohibits such calls
• Use obscene, profane, or abusive language
• Threaten violence or criminal prosecution
• Repeatedly call with intent to annoy or harass
• Misrepresent the amount you owe or their authority to collect
• Threaten to take actions they cannot legally take

Louisiana’s Unfair Trade Practices Act (La. R.S. 51:1401 et seq.) provides additional protections, making it illegal for collectors to use deceptive or unconscionable practices when attempting to collect debts.

How Often Can Debt Collectors Call Me in Louisiana?

While federal law doesn’t specify an exact number of calls per day, Louisiana courts have found that excessive calling can constitute harassment. Generally, more than two or three calls per day to the same number may cross into harassment territory, especially if the calls serve no legitimate purpose beyond annoying you.

The key factor isn’t just frequency – it’s intent. If a collector calls repeatedly without leaving messages or providing new information, this pattern suggests harassment rather than legitimate collection efforts.

Can Debt Collectors Call My Family Members or Employer?

Under Louisiana law and the FDCPA, debt collectors have very limited rights to contact third parties about your debt. They can contact:

• Your spouse
• Your attorney
• A credit reporting agency

For anyone else, including family members, friends, or coworkers, collectors can only contact them to obtain your phone number, address, or workplace information. They cannot:

• Discuss your debt with these third parties
• Contact the same person more than once (unless that person requests it)
• Contact third parties if they already have your contact information
• Identify themselves as debt collectors in most circumstances

If a collector violates these rules by discussing your debt with family members or calling your workplace inappropriately, they’ve broken federal and Louisiana state law.

Your Right to Stop Contact: The Cease and Desist Letter

One of your most powerful tools is your right to demand that collectors stop contacting you entirely. Under 15 U.S.C. § 1692c(c), you can send a written notice telling a debt collector to stop all communication with you.

Here’s what happens when you send this letter:

The collector must stop all contact except to:

• Acknowledge they received your letter
• Notify you they’re ending collection efforts
• Inform you of specific legal actions they plan to take

Important note: This doesn’t make your debt disappear. The collector can still pursue legal action, but they must stop calling and sending letters.

Step-by-Step Guide: How to Document Harassing Calls

Documentation becomes crucial if you need to file a complaint or lawsuit. Follow these steps:

Create a call log that includes:

• Date and time of each call
• Phone number the call came from
• Name of the person calling
• Company they claim to represent
• What they said (write down exact quotes when possible)
• How long the call lasted
• Whether they left a voicemail

Save all voicemails – don’t delete them, even if they’re upsetting. These recordings serve as evidence of harassment.

Screenshot your phone’s call history to show the frequency of calls from the same numbers.

Keep all written communications including letters, emails, and text messages from collectors.

What to Do When Collectors Violate Louisiana Law

When debt collectors cross legal boundaries, you have several options for recourse:

File a Complaint with Government Agencies

Consumer Financial Protection Bureau (CFPB): File online complaints that get forwarded to the collection agency and require a response.

Louisiana Attorney General’s Office: Report violations of state consumer protection laws through their consumer protection section.

Federal Trade Commission: File complaints about FDCPA violations through their online portal.

Consider Legal Action

Under the FDCPA, you can sue debt collectors who violate the law and potentially recover:

• Up to $1,000 in damages per violation
• Your actual damages (like lost wages from workplace calls)
• Attorney fees and court costs

Louisiana’s Unfair Trade Practices Act allows for additional remedies, including treble damages in some cases.

How Bankruptcy Can Stop Creditor Harassment Immediately

When you file for bankruptcy in Louisiana, the automatic stay goes into effect immediately. This court order under 11 U.S.C. § 362 stops virtually all collection activities, including:

• Phone calls from creditors and collectors
• Collection letters and emails
• Wage garnishments
• Bank account freezes
• Foreclosure proceedings
• Repossession attempts

Violating the automatic stay is contempt of court, and creditors who continue collection efforts after your bankruptcy filing can face serious penalties.

Chapter 7 vs. Chapter 13: Which Stops Calls Faster?

Both types of bankruptcy trigger the automatic stay immediately upon filing. However, they work differently:

Chapter 7 bankruptcy typically discharges eligible debts within three to four months, permanently stopping collection efforts on those debts.

Chapter 13 bankruptcy creates a three to five-year repayment plan, during which creditors cannot contact you directly – all communication must go through the bankruptcy court.

Common Creditor Tricks That Are Illegal in Louisiana

Debt collectors often use tactics that sound official but violate Louisiana and federal law:

False urgency claims: Saying you must pay “immediately” or face arrest when no court judgment exists.

Fake legal threats: Claiming they’ll garnish wages or freeze accounts without proper legal authority.

Impersonating government agencies: Pretending to represent the IRS, sheriff’s department, or court system.

Refusing to provide verification: Not sending written verification of the debt when requested.

Calling from spoofed numbers: Using fake caller ID information to hide their identity.

All of these tactics violate Louisiana Revised Statutes Title 9, Section 3562 and federal debt collection laws.

How to Handle Calls from Original Creditors vs. Collection Agencies

Original creditors (like your credit card company or bank) have more leeway than third-party collectors. They’re not bound by the FDCPA but must still follow Louisiana’s general harassment and consumer protection laws.

Third-party collection agencies must follow stricter federal and state rules. They have more restrictions on when, how, and how often they can contact you.

Regardless of who’s calling, no creditor has the right to:

• Threaten you with violence
• Use abusive language
• Call at unreasonable hours
• Misrepresent your legal obligations

Protecting Yourself from Future Harassment

Prevention works better than reaction. Here are proactive steps:

Keep detailed financial records so you can quickly verify or dispute debt claims.

Respond to legitimate debts promptly – even if you can’t pay, communication often prevents aggressive collection tactics.

Know your rights under Louisiana and federal law before creditors start calling.

Consider debt counseling through nonprofit agencies approved by the U.S. Trustee Program.

Consult with a bankruptcy attorney before your financial situation becomes overwhelming.

When Collectors Sue: Your Rights in Louisiana Courts

If collectors file lawsuits despite harassment violations, you still have rights:

You must receive proper service of legal papers according to Louisiana Code of Civil Procedure Article 1201 et seq.

You have the right to respond and raise defenses, including violations of debt collection laws.

You can file counterclaims for harassment violations in the same lawsuit.

Default judgments can sometimes be set aside if you weren’t properly served or if the collector violated your rights.

Don’t ignore court papers, even if the underlying debt collection involved harassment. Failing to respond can result in default judgments that are much harder to fight later.

Key Takeaways

• Louisiana law provides strong protections against creditor harassment beyond federal requirements
• You have the right to demand collectors stop contacting you entirely through written notice
• Documentation of harassment creates the foundation for legal action and damages
• Bankruptcy’s automatic stay immediately stops all collection calls and legal proceedings
• Both original creditors and collection agencies must follow Louisiana consumer protection laws
• Violations of debt collection laws can provide you with monetary damages and attorney fees
• Ignoring the problem rarely makes it better – taking action protects your rights and peace of mind

Frequently Asked Questions

Can debt collectors call me on Sundays in Louisiana? Federal law prohibits collection calls before 8 AM or after 9 PM, but doesn’t specifically ban Sunday calls. However, if calls on Sundays are part of a pattern of harassment or occur at unreasonable times, they may violate Louisiana consumer protection laws.

What if a collector says they’re going to have me arrested? This is almost always an illegal threat. Collectors cannot have you arrested for most debts, and threatening criminal prosecution for civil debts violates both federal and Louisiana law. Document these threats and consider filing complaints with the CFPB and Louisiana Attorney General.

How long can collectors try to collect a debt in Louisiana? Louisiana’s statute of limitations on most written contracts is ten years (La. C.C. Art. 3499), but for open accounts like credit cards, it’s typically three years. However, certain actions can restart this clock, and collectors might still attempt collection on time-barred debts.

Can I record phone calls from debt collectors? Louisiana is a “one-party consent” state under La. R.S. 15:1303, meaning you can legally record phone conversations you’re part of without telling the other person. These recordings can serve as powerful evidence of harassment.

What happens if I pay a debt after filing bankruptcy? If you’ve received a discharge in bankruptcy, paying discharged debts is voluntary – you’re not legally required to pay them. However, making payments after discharge doesn’t restart your obligation to pay the full balance.

Can collectors contact me through social media? Recent CFPB interpretations suggest that social media contact may be permissible under certain circumstances, but collectors must still follow all FDCPA rules about third-party contact and privacy. They cannot post publicly about your debt or contact you through platforms where others might see the communication.

Contact Us

If creditor harassment is disrupting your life and peace of mind, you don’t have to endure it alone. At E. Orum Young Law, we help Monroe residents fight back against illegal collection tactics and find lasting solutions to overwhelming debt.

Whether you need help stopping harassment, filing complaints against collectors, or exploring bankruptcy options, we’re here to protect your rights and restore your peace of mind. Every day you wait is another day of unnecessary stress and potential violations of your legal rights.

Don’t let creditors intimidate you into accepting treatment that violates Louisiana and federal law. Take the first step toward reclaiming control of your financial life and stopping the harassment for good. Contact us now for a free case review. Your rights matter, and we’re here to make sure creditors respect them.