Creditor Harassment Attorney
Practice Areas
Orange County, California Creditor Harassment Attorney
Relentless debt collection harassment can take a toll on anyone, especially those facing financial challenges. Individuals in debt often receive constant emails, phone calls, direct messages, and other forms of communication from creditors and debt collectors regarding their debt. However, debtors have certain legal rights that protect them from certain forms of debt collection harassment.
If you are being hounded by a creditor or debt collection agency, you may be able to take legal action against them. The Orange County bankruptcy attorneys at Marshack Hays Wood can help review your case and determine whether or not your creditor has violated state or federal law in their communications with you.
Call us at (949) 333-7777 to schedule a free initial consultation with a creditor harassment attorney on our team.
Debt Collector Harassment Lawyers in Orange County
Many debt collectors and creditors use less-than-honest debt collection tactics in an effort to secure compensation from debtors. If you have suffered from these unfair debt collection practices, a creditor harassment lawyer on our team can help you understand your rights and pursue legal action if necessary.
We at Marshack Hays Wood are committed to alleviating your financial burden, whether that’s through a creditor harassment lawsuit, bankruptcy, alternative dispute resolution, or other forms of debt relief. Contact us today to speak with one of the experienced lawyers on our team regarding your unique financial situation.
What is Creditor Harassment?
Creditor harassment occurs when the original creditor on a debt goes beyond ethical and legal limits in order to collect on that debt. They often do this through things like constant phone calls, threatening letters, or intimidating visits to your home or workplace. Debt collector harassment occurs when a debt collector engages in these same illegal and immoral tactics to collect on a given debt. Due to how similar debt collector harassment and creditor harassment are, they are often used interchangeably.
Dealing with creditor harassment can be distressing for anyone. It’s essential to understand your rights as a consumer, as well as the state and federal laws in place to protect you, in order to defend yourself against this form of harassment.
Creditor Harassment Laws California
In the state of California, consumers are protected from creditor harassment under the Rosenthal Fair Debt Collection Practices Act (RFDCPA). This act outlines specific regulations that creditors must adhere to when attempting to collect debts, protecting individuals from common, unfair tactics commonly used to get money out of them.
Under this act, California debt collectors and creditors cannot do things like:
- Threaten debtors with violence or other illegal acts
- Swear in their communications with debtors
- Make repeated harassing calls to debtors in a short amount of time
- Make false statements to debtors
- Call debtors at odd hours of the night
- Send embarrassing information to debtors in the mail
- Send mail to debtors with information about their debt
This act does not protect debtors from lawsuits or other actions by creditors or debt collectors, but it can certainly help protect debtors from unjust harassment as a result of their financial situation.
The Fair Debt Collection Practices Act (FDCPA)
In addition to California state law, consumers are also protected from debt collector harassment under federal law. The Fair Debt Collection Practices Act (FDCPA) establishes guidelines that debt collection agencies must follow when communicating with debtors. Similar to the RFDCPA, the FDCPA guidelines include restrictions on harassment, false representations, and unfair collection practices.
While the federal law and California state law on creditor harassment are similar, there are a few key differences to note. For example, FDCPA does not protect consumers from actions taken by the original creditor on the debt; it only protects them from third-party debt collectors. However, California residents are protected from harassment by original creditors under the RFDCPA.
Additionally, the FDCPA also protects consumers from harassment from lawyers regarding their debt, while the RFDCPA does not. It’s important for debtors to know who it is that is harassing them so that they can file legal action under the correct act.
What Types of Debts are Covered by the FDCPA?
Only certain types of debts are covered by the FDCPA, meaning that consumers with these kinds of debts are protected from debt collector harassment. Those with other forms of debt, however, are not protected under this federal law.
The FDCPA protects debtors with:
- Credit card debt
- Medical debt
- Personal loan debt
- Auto loan debt
- Mortgage debt
- Student loan debt
- Household debt
It’s important to note that those with business debts are not protected under the FDCPA.
Can You Sue a Debt Collector for Harassment?
Yes, individuals have the legal right to sue a debt collector for harassment under the provisions of the FDCPA. California residents also have the right to take legal action against their original creditors under the provisions of the RFDCPA.
Normally, any lawsuits filed under either statute must be filed within one year of the illegal action. Individuals who file creditor or debt collector harassment suits can recover compensation for their losses, up to $1,000 in statutory damages, and attorney fees.
If you have been subjected to unfair debt collection efforts in California, the creditor harassment lawyers at Marshack Hays Wood are here to help. Our dedicated attorneys understand how difficult it can be to receive harassing and threatening calls, emails, and messages, which is why we want to help you receive compensation for your losses. Call our law offices at (949) 333-7777 to learn more about what we can do to help.
How Can a Debt Collector Contact You?
According to the FDCPA, debt collectors are generally allowed to contact you by mail, phone, fax, or in person regarding your debt. However, if you inform a debt collector in writing that you do not wish to be contacted, they must cease all communication with you, with certain exceptions. They are only able to communicate with you to notify you if they have taken legal action against you or if they have changed their collection efforts.
Does a Debt Collector Have to Identify Themselves?
Yes, debt collectors are required to provide clear identification when contacting you about a debt. They must disclose their identity and inform you that they are attempting to collect a debt. This ensures you can verify their identity as well as the alleged debt.
If you receive a communication that lacks proper identification or raises doubts about its authenticity, it’s crucial to address the issue as soon as possible with an attorney. If the debt collector continues to contact you, you can direct them to your attorney, who can speak to the debt collector on your behalf.
How Many Calls from a Debt Collector is Considered Harassment?
There is no set limit on the number of phone calls a debt collector can make on a given debt. However, they are prohibited from making repeated phone calls in a short period of time. It can be considered harassment if a debt collector:
- Calls you seven times in a seven-day time frame
- Calls you within seven days of their last phone conversation with you regarding a debt.
Can a Debt Collector Talk to Anyone Else About My Debt?
In general, debt collectors are prohibited from discussing your debt with anyone other than you, your attorney, or a consumer reporting agency. They can contact other individuals in your life in order to obtain your contact information, but they cannot discuss your debt with those people. They also cannot disclose that they are trying to get in contact with you regarding an outstanding debt.
Debt collectors can contact your employer for your contact information or your location and employment and may be able to contact your employer if your wages are being garnished but cannot discuss your debt with them. If you believe a debt collector has violated these privacy provisions, it’s important to document the incident and seek legal advice.
What Can Debt Collectors Not Do?
Debt collectors and creditors do have rights (see Creditor Rights in California), but they also have debt collection laws and regulations to abide by. When attempting to collect on a debt, debt collectors cannot:
- Harass, oppress, or abuse you
- Use false or misleading representations
- Engage in unfair practices
- Contact you at inconvenient times or places
- Communicate with you if they know you are represented by an attorney
- Communicate with others regarding the alleged debt
- Threaten legal action against you that they do not intend to take
How Long Do I Have to File a Creditor Harassment Lawsuit?
In general, victims of this form of harassment can file a creditor or debt collection harassment lawsuit against the harassing creditor or collection agency within one (1) year of the illegal action.
If you believe you have experienced creditor harassment and are considering a lawsuit, consult with an experienced attorney as soon as possible. Delaying action could result in the loss of your right to pursue legal recourse.
Can You Be Compensated for Debt Collector Harassment?
Yes, if you were the victim of creditor or debt collector harassment, you may be able to recover compensation for:
- The actual damages you suffered as a result of the harassment
- Up to $1,000 in statutory damages
- Attorney fees and court costs
Actual damages from debt collection harassment can include medical bills, lost wages, and emotional distress caused by the harassment. In order to effectively pursue compensation, it’s important to document the harassment, gather evidence, and take legal action within the one-year statute of limitations.
Consulting with an experienced attorney who specializes in creditor harassment cases is essential, as they can help you navigate through the court system and seek appropriate compensation for your damages.
Contact an Orange County Creditor Harassment Lawyer at Marshack Hays Wood Today
Any form of harassment can be extremely stressful and detrimental to a person’s well-being, and debt collection harassment is no exception. We at Marshack Hays Wood are dedicated to providing Orange County residents with the legal support they need to combat deceptive and wrongful debt collection practices.
Due to the delicate nature of these cases, we understand the importance of providing empathetic and professional support as well as effective legal representation. Our goal is to empower you to overcome the challenges of debt collection, assert your rights, and regain control of your financial future.
Our experienced debt collector harassment lawyers can help document each individual instance of harassment you’ve suffered, ensuring you can receive compensation for your financial and emotional losses.
Call our law firm at (949) 333-7777 or contact us online to schedule a free consultation with one of the experienced lawyers on our team.
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