San Diego Creditor Harassment Attorneys
Put an End to Threatening Collection Calls
Contact our debt collection attorneys in San Diego
People are frequently harassed by creditors before successfully filing bankruptcy. Endless collection calls, texts, emails and letters hounding you to pay the debt you cannot afford to pay can be an endless source of stress, anxiety and frustration. Bankruptcy Law Offices of Mark L. Miller will stop creditors from contacting you and help you get back to financial freedom.
There are laws to protect you from debt collection harassment. Federal and state laws limit how and when you can be contacted about past due bills and our debt collection lawyer will help you understand your rights.
Besides filing Chapter 7 or Chapter 13 bankruptcy, you might have a case for debt collection harassment. This is why you need an experienced bankruptcy and creditor harassment attorney who knows how to handle creditors and sue creditors when they break the law.
State and federal law prevents creditor harassment
Creditors use harassment to get people to pay debt. The Fair Debt Collection Practices Act and the California Fair Debt Collection Practices Act were created to protect debtors from such practices.
The Fair Debt Collection Practices Act ("FDCPA") is a Federal law created by Congress to prevent illegal collection practices. The FDCPA applies only to third-party collectors and it will protect you only if a third party is harassing you. Similarly, Congress limited the application of the FDCPA to personal debts.
Business debt is not covered. Companies often sell charged-off collect accounts to third-party companies. Some debt collection companies in San Diego collect for the creditor. The collection companies that violate the FDCPA or RFDCPA may be liable by the government for violations and may be subject to lawsuits.
The California Fair Debt Collect Practices Act ("RFDCPA") is equally important. Unlike the FDCPA, the California law protects consumers from deceptive, abusive, or unfair collection by creditors and debt collectors.
For example, the Federal Trade Commission files cases against collectors for FDCPA violations. For over 25 years our debt collection defense attorneys have been suing creditors for breaking the law before, during, and after filing bankruptcy.
Collection companies cannot do any of the following:
- Call you prior to 8:00 am without your prior permission.
- Call you after 9:00 pm without your prior permission.
- Contact you after you are represented by an attorney.
- Contact your friends or family members without your permission.
- Threaten to harm you.
- Threaten physical violence.
- Contact you at work without your permission.
- Lie to you.
- Use abusive language.
- Impersonate a government official.
- Impersonate a police officer.
- Threaten to send you to jail.
- Threaten to harm your reputation, property, person, or family.
Our bankruptcy and debt harassment attorneys in San Diego will give you a free financial evaluation and stop creditors from harassing you.
Put a Stop to Creditor Harassment
Some debt collectors continue to use deceptive and abusive practices even though the law forbids them from doing so. Our debt harassment lawyers in San Diego fight for clients who have been subjected to unfair collection practices.
Declaring bankruptcy stops creditor harassment, and you can file for bankruptcy under Chapter 7 or file Chapter 13 bankruptcy in San Diego, depending on your financial situation. If creditors continue to harass you even after they have been notified of your filing, or a creditor continues to use deceptive and abusive collection practices, you may be eligible to recover monetary damages. Bankruptcy Law Offices of Mark L. Miller will help you do so.