If You Live In California And Are Being Harassed By Bill Collectors....We Can Stop It At No Cost To You!
Not many people know that there is a federal law called the Fair Debt Collection Practices Act (FDCPA) that protects citizens from debt collectors who frequently attempt to harass an individual in their zeal to collect a debt. Each person has the right to be treated with respect.
And if a collector is in violation of this law, you may be compensated by the collection agency for up for $1,000 for statutory damage - as well as actual damages and attorney fees incurred. If you're being harassed, and want help, here's one thing to keep in mind....there is no charge unless we win your case. You pay nothing us nothing out of your own pocket - the collection agency is responsible.
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My name is Paul Mankin, and I'm a California Debt Harassment Attorney. If you're being harassed, consider the following facts...then call me if a bill collector is harassing you overusing automated services to call.
All debt collectors are required to follow the FDCPA even if they call or write to you about money legally owed to them. If this law is violated by the collector, it's quite possible that they could be held liable for all damages associated with your case.
Many collectors practice collection tactics which are prohibited by the FDCPA:
- Unless a collector has your permission, they may not speak to anyone other than you or your spouse about your account.
- Continuing to call you at work after you've told them not to.
- Calling your cell phone without your permission.
Because of the FDCPA, debt collectors are not permitted to make false statements to you when attempting to collect a debt, such as:
- Implying they are employed by a credit bureau.
- Stating you have committed a crime by non-payment of debt.
- Falsely representing the amount of the debt or the legal status.
- Implying that paperwork was already sent to you or was about to be sent when that is untrue.
You cannot be threatened by debt collectors. According to the FDCPA, they cannot say:
- That you will be arrested if you don't pay your debt.
- That legal action will be taken against you.
- That you may be incarcerated if you don't pay a debt.
- That they may garnish wages or seize your personal property.
According to the FDCPA, deception is not permitted by debt collectors. For instance:
- Giving a debtor material that looks like it could be official from either court or government.
- Providing false information regarding your credit history to anyone.
- Providing you with a false name unless such name is allowed and has been registered with the state if that is a requirement of that state.
Debt collectors cannot treat you unfairly when trying to collect a debt. They cannot:
- Insist you accept collect calls.
- Contact you by postcard and make you pay for telegrams.
- Unless allowed by law, debt collectors cannot collect an amount greater than what you owe unless allowed by law.
- Must contact you if they intend to deposit a check more than 5 days sooner than the date posted on your check.
- Debt collectors cannot threaten to or even take your property or vehicles unless they have won a legal judgment against you in court
Collectors are required by the FDCPA to make payment on all your debts in the order you prefer. And they are prohibited from making a payment to any debt you don't believe you owe
If you have substantial debts and are beginning to receive calls about paying those bills, you should consider doing the following:
- DON'T DESTROY OR THROW ANYTHING AWAY. Each letter, including the envelopes sent to you may be important enough that it could make a difference in winning your case!
- WRITE NOTES - MAKE NOTES! If you speak to a bill collector, ask their name, and note the date and time of the call. When the call ends, write down as much of the conversation as you can remember.
- SAVE ANY MESSAGES THAT WERE RECEIVED ON YOUR VOICE MAIL.
The information I've provided above is not legal advice but simply a summary of what your rights are - and what debt collectors are not permitted to do according to the law.
It would be in your best interest to speak to an attorney who is familiar with debt collection harassment if you have been subjected to this type of abuse.
For a Free Consultation, and to get your questions answered by an experienced California Debt Harassment Lawyer, call 800-654-9517.