Fair Debt Collection Practices Act

Do you feel overwhelmed by your debt? Is it hard to stay on top of your financial obligations? Are you stressed out by the task of keeping track of your creditors? Facing the difficulty of high debt can be exhausting, to say the least. Besides the practical worries of making ends meet, you may also be dealing with constant debt collection attempts. Harassment from debt collectors can make a bad financial situation seem even worse. However, you do not have to deal with creditor harassment. In fact, there are federal and state laws designed to protect consumers like you from creditor abuse and harassment. So, even if you owe a large amount, or have several creditors, you also have rights under laws like the Fair Debt Collection Practices Act (FDCPA).

Laws that Protect Your Consumer Rights

The FDCPA is a federal law that specifies what debt collectors can and cannot do. The law defines a creditor as “any person who…regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another.” The federal law applies only to third party collectors. This means that the FDCPA applies to agencies hired by your creditors to collect what is owed. However, California state law adds onto that protection, and restricts what your creditors can do as well.

In California, debt collectors and creditors must observe your consumer rights. State law prohibits both debt collectors from a variety of harassing actions, including:

• Contacting you after declaring bankruptcy (in most situations);
• Failing to respect a written “cease contact” request;
• Lying about your debt/your creditor;
• Falsely claiming to be a lawyer;
• Using profanity/abusive language during communications;
• Threatening arrest and criminal charges; and
• Failing to identify as a debt collector.

Stopping Harassing Debt Collectors

If a debt collector has committed these actions, they have broken the law. There are many rules and regulations that debt collectors and creditors must follow when attempting to get payment from you. If a debt collector violates your consumer rights, you may even be able to sue that entity. When facing abusive or harassing debt collectors, you next best step is to contact an experienced bankruptcy lawyer. Your attorney can help you determine if bankruptcy is the right option for you. They can also help out a stop to creditor and debt collector harassment. If you file for bankruptcy, you could qualify for an automatic stay on debt collection. This stay could go into effect almost immediately after your case starts, so that you can focus on your financial issues without the added stress.

Call Experienced Bankruptcy Firm in Oakland

Are you considering filing for bankruptcy? Contact the Law Office of Melanie Tavare today. Our experienced staff understands bankruptcy laws, and we use that knowledge to protect you from illegal debt collection actions. We will work closely with you to determine your eligibility for bankruptcy, and help you create the best financial plan for your case. Filing for bankruptcy can be the first step toward financial stability. Contact our Oakland office today to schedule a free consultation. During that consultation, you will learn about your bankruptcy options and speak with an experienced attorney about your financial needs and goals.

The Law Offices of Melanie Tavare is a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.