After years of debt collector harassment from a client’s creditors in order to obtain payments, our bankruptcy attorneys not only put an end to the harassment but forced the creditor to pay the debtor’s attorney fees.
Collection harassment refers to the aggressive and often illegal tactics that some creditors use to pressure debtors into paying their debts.
In California, creditors and debt collectors are required to follow strict rules under the Fair Debt Collection Practices Act (FDCPA) and the Rosenthal Fair Debt Collection Act.
Common examples of collection harassment include excessive phone calls, baseless threats of legal action, and improper disclosure of the debt to third parties.
What are a debtor’s rights in the face of debt collector harassment?
In California, debtors have specific rights that protect them from debt collection harassment. Under the Rosenthal Act, debt collectors cannot make violent threats, use abusive language, or make repetitive harassing calls.
Debtors also have the right to request that a creditor stop contacting them. This can be done by sending a cease and desist letter to the creditor.
Additionally, it is important to know what to do if a debt collector is harassing you, including the option of filing a formal complaint with the California Department of Consumer Affairs.
Legal steps to stop harassment
There are several legal steps debtors in California can take to stop debt collection harassment. One option is to file a lawsuit against the debt collector for violations of the FDCPA or the Rosenthal Act.
Another option is to negotiate with the creditor to avoid foreclosure if the debt is mortgage-related. If a foreclosure has been initiated, it is crucial to act quickly to seek legal assistance and possibly avoid eviction.
A skilled attorney can help file motions that temporarily halt the foreclosure process while other options are explored.
The role of lawyers in creditor harassment cases
Debtor defense attorneys play a crucial role in stopping debt collector calls and harassment. In California, these professionals can assess whether the creditor’s behavior has violated the law and, if so, take legal action to protect the debtor.
How to get debt collectors to stop calling? In some cases, attorneys, such as S&B Legal, have been successful in not only stopping the harassment but also in forcing the creditor to pay the debtor’s legal fees. This is especially relevant in foreclosure cases, where legal advice can be the difference between losing or saving a property.
Creditors’ obligations when contacting debtors
Creditors in California must follow certain rules when contacting debtors, according to the Rosenthal Act. These rules include a prohibition on contacting the debtor at inappropriate times, a requirement to clearly identify themselves, and a prohibition on threatening legal action that they have no intention of carrying out.
If a creditor violates these rules, the debtor has the right to take legal action. It is essential that debtors know these obligations in order to identify and act correctly if they are victims of debt collection harassment.
Contact a lawyer if you are being harassed for collection
If you need to negotiate foreclosure or do not know what to do if a debt collector is harassing you, it is best to seek legal advice. In California, S&B Legal is ready to provide you with the necessary assistance and enforce your rights and we are ready to be your debt collection harassment attorney. Contact us today!
