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.
Frequently Asked Questions
If a creditor or a debt collection agency in San Diego is repeatedly attempting to contact you and you feel intimidated or threatened because of it, you are being harassed and you need to contact a competent debt collection lawyer at our law firm immediately. Harassment is illegal and if you want to put a stop to it we are ready to step in and protect your interests.
Creditor harassment is unacceptable and we can help you stop them if you call the Bankruptcy Law Offices of Mark L. Miller. Here is how you can deal with harassment from debt collectors and creditors until we step in to resolve your problems:
- Know your rights under federal law (FDCPA).
- Don’t let them provoke or intimidate you: These agents are capable of prompting payment by simply implying threats which may be completely unrealistic.
- Request debt validation: Receiving a debt collection notice via a letter or a phone call proves nothing. Request proof and the full amount of the alleged debt.
There is no specific limit to the number of calls a collector can make. However, if the purpose of calling you multiple times is to fish for information that you perceive as harassment, this is against the law. If you feel harassed, it is important to take action and consult a San Diego-based debt collection and creditor harassment defense lawyer to put a stop to it as soon as possible.
Yes, you are within your rights to sue a debt collector for harassment. If harassment is proven, you can receive up to $1,000 in damages per telephone call, along with payment of court costs and attorney fees.
Ignoring the calls or emails from your debt collectors will not make the problem go away. Creditors will keep calling, emailing, and texting you. Eventually, you will be sued and could lose property and have your wages garnished.
There is no reason to allow the collector to harass you in the meantime and we can help you defend yourself and other members of your household against this form of harassment. Our experienced debt relief lawyers serving clients across San Diego can advise you on how to deal with debt collector calls and negotiate with them on your behalf.
You should definitely avoid the following:
- Giving your personal information.
- Admitting that the debt is yours.
- Providing your bank account information.
If you do any of the following, you are putting yourself in an unfavorable position. You also give the collector an opportunity to gain an edge and get you to pay your debt so they can earn their commission check. When in doubt, consult an experienced San Diego debt collection lawyer at the Bankruptcy Law Offices of Mark L. Miller immediately.
Need creditor harassment or debt relief lawyers? Or do you need assistance with filing for Chapter 11 bankruptcy or protecting your San Diego home from foreclosure? Bankruptcy Law Offices of Mark L. Miller is just a phone call or text away. Contact us to help you regain control of the situation you are in, get rid of creditors or debt collectors who are constantly harassing you, and take action to leave financial concerns behind.