San Jose Creditor Harassment Lawyer

Are You the Victim of a Rights Violation?

You are protected from creditor harassment by both state and federal law. Creditors have many restrictions about what they can and cannot do or say. The Fair Debt Collection Practices Act outlines the rules for creditors, and if violated, the collection agency or other entity may be forced to pay damages to the consumer. California State also has a Fair Debt Collection Practices Act. If you believe that a creditor has violated your rights, we urge you to contact us at The Fuller Law Firm, PC. Our San Jose bankruptcy attorneys should review your case at once.

What Creditors Cannot Do When Seeking to Collect on a Debt

You cannot be contacted at certain times or places: for example, you cannot be called before 8 a.m. or after 9 p.m. If you ask a creditor not to call you at work, they must stop immediately. Your request can be verbally or in writing. You can also stop a debt collector from calling you by sending a certified letter. You can also halt contact from creditors by having an attorney represent you. Once an attorney takes on the duty of managing your debt, the collector can no longer contact you.

A debt collector cannot talk to any other person about your debt, including your family, friends, employer or anyone, except your spouse. They can contact certain people to try to find your address or, and usually can only do so one time.

They are also restricted from engaging in the following actions:

• Using threats of violence;
• Use profanity;
• Call you over and over in a short period of time to annoy;
• Make false statements (such as being a government agent, attorney or other person);
• Tell you that you have committed a crime;
• Tell you incorrect information about how much you owe;
• Threaten a lawsuit if not planning to file one;
• Use a false name for their company;
• Send you a postcard;
• And other restrictions.

What To Do If Creditors Are Harassing You

If debt collectors are harassing you by calling you at all hours of the day, there are actions you can take to put a stop and even hold them accountable for knowingly violating the law.

If you are being harassed by creditors:

• Document the interactions - Keep records of any communication, including phone calls, text mesasges, and mail between you and debt collectors. Make a note of the language they are using and how often they contact you.
• Request verification of your debt - You have the right to request how much debt is owed and have the opportunity to dispute it to help ensure the debt owed is accurate. If you are disputing the debt, the collector must cease all collection activity until the debt is verified. If the creditor fails to do so, they may be in violation of the law.
• Contact an attorney - An attorney can help you fight back against creditors by taking them to court and suing them for harassment or emotional distress. If you have proof, this can strengthen your case.

If you believe you are being harassed, and that the collector is engaging in illegal actions, a lawsuit can be filed against that company, and you could be paid damages, as well as all of your attorney fees. Call our firm for a free consultation to find out more.