Fair Debt Collection Practice
Protect Your Rights
It is not unusual for people who have fallen behind in paying their bills to have trouble with collection agencies. While collection agencies have a significant amount of flexibility when it comes to collecting debts, the law sets some limits on their conduct. The Fair Debt Collection Practices Act is a federal law which regulates the conduct of bill collectors / creditors.
If you are overwhelmed by your debts and behind on your payments, you probably already know how aggressive creditors can be when it comes to collection actions. Often, debt collectors are engaging in illegal harassing behavior. In this situation, it is important that you understand your rights as a debtor.
At Lozano Law Offices, we have thorough knowledge of the Fair Debt Collection Practices Act. We discuss with our clients their right and protection from unscrupulous actions of rude, abusive, and deceiving creditors. To discuss your specific situation, call our office at (510) 538-7188.
Stop Creditor Harassment
The Fair Debt Collection Practices Act limits debt collectors’ illegal action such as follows:
- Need to educate you about the collection process
- Cannot call you or your home continuously
- Are prohibited from calling your home after specified hours
- Cannot call you at work
- Are not allowed to call your neighbors
- Using obscenity, racial slurs or insults
- Sending letters which appear to have come from a court
- Seeking collection fees or interest charges not permitted by your contract or by state law
- Requesting post-dated checks with the intention to prosecute if they bounce
- Filing a lawsuit in courts far from your place of residence
- False representations in association with efforts to collect the debt, including the false claim that the person contacting you is an attorney, falsely claiming to have started a lawsuit, using a false name, or using stationery that is designed to look like an official court or government communication
- Using false claims to collect information about the debtor, such as pretending to be conducting a survey
- Threatening you with arrest if you do not pay the debt
Remedies Available If The Debt Collector Violates The Law
Under the Fair Debt Collection Practices Act, you have the right to sue a debt collector in state or federal court within one year from the date of the violation. If you win, you may recover damages in the amount of any losses you suffered as a result of the violation, plus an additional amount of up to $1,000.00. You may also be able to recover court costs and attorney fees.
If the same debt collector has engaged in unlawful conduct with a number of consumers, it may be possible to find a lawyer who will file a class action lawsuit.
Bankruptcy Protection
As soon as you file either Chapter 7 or Chapter 13 bankruptcy, the court issues an automatic stay. This prevents creditors and debt collectors from contacting you, putting a stop to all creditor harassment. Attorney Crispin Lozano will handle all communications with your creditors from that point forward.
To schedule a free initial consultation, please call us today at (510) 538-7188 or contact us online.
Toll Free 1-877-4LOZANO for free consultation or Schedule an Appointment