Creditor Abuse / FDCPA

Your Federal and State governments protect you, the consumer, against abusive and harassing collection attempts by creditors and collection agencies. The law regulating how a debt may be collected from you is called the Fair Debt Collection Practices Act (FDCPA).
Under the FDCPA, collectors are limited in what they can and cannot do when they attempt to contact you for payment.

A few of the things collectors cannot do are:

1. Harass you with threats of harm or obscene language;
2. Lie about the amount that you owe;
3. Threaten you with criminal charges or jail time if you do not pay;
4. Call or contact you at inappropriate times, like in the middle of the night, late at night,
or in the early morning.
5. Call or contact you at inconvenient places;
6. Add interest or penalties that are illegal;
7. Contact you at your workplace when you’ve told them not to;
8. Discuss your debt with anyone else aside from yourself or your attorney.

If a creditor or collector violates the law, you are entitled to sue them in State or Federal court
You are entitled to compensation for damages caused by the collector, $1,000.00 in statutory damages, court costs and attorney’s fees. In California, the Rosenthal FDCPA (California Civil Code §§ 1788 et seq.) offers even more protections to consumers than its Federal counterpart.

Often times, a person like yourself who is in need of federal bankruptcy protection, may also need the protections of the FDCPA. If you are having difficulty paying your bills or haven’t been paying them, then it is very likely you are being inundated by collection calls at home, on your cell, at your workplace, or even at the home of your family members.

Many collectors will call you, knowing that you do not know the laws protecting you. In addition, many collectors themselves do not know such laws. These situations give rise to abuse and harassment. If you are being contacted by creditors, please call us for a free consultation. We will discuss how you can stop the calls, and possibly recover against these collectors due to their abuse.

Many times, your creditors or their collection agencies may go beyond what is legal when they try to collect from you. There are specific state and federal laws limiting them in what they can and can’t do. Unfortunately, many of these collectors themselves do not know the law, and/or expect that you don’t know the law. This leads to abuse and harassment, which they can be sued for.

If you believe you are being harassed by calls, letters, and threats from collection agencies, we can help you sue them. Under the federal and state Fair Debt Collections Practices Act, you may be entitled to statutory damages (money) should you be a victim of their abuse.

What defines creditor harassment and abuse? Things such as constant and repeated phone calls, threats that you will go to jail or any type of threat intended to scare you into paying, calls and letters while you’re at your job, calls early in the morning or late at night, and vulgar or obscene language. Your creditors are also NOT allowed to discuss your debts with anyone else aside from you or your attorney.

We will ask you to keep a log of all the calls and letters you are receiving. You should get the name, phone number, and time of each person that calls you, and where they call you. This can be used as evidence if a claim is filed against your creditors.

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