Creditor Harassment

San Diego Attorneys Helping You Stop Harassing Creditors

Under the terms of the Fair Debt Collections Practices Act (FDCPA), collection agencies are required to adhere to certain restrictions when trying to collect on consumer debt. If a collection agency violates the terms of the FDCPA, they face hefty fines or, if enough violations occur, lose their business license. At the law office of Chang & Diamond, APC, our attorneys hold collection agencies financially accountable for the actions of employees who harass our clients in violation of the terms of the FDCPA. Once we get involved, we can stop creditor harassment and even file a lawsuit seeking financial compensation for our client. We can recover recorded calls, voice messages and call logs to expose violations and harassing behavior.

If you have been called repeatedly at home or work, threatened, or verbally abused by a collection agency, contact Chang & Diamond to stop creditor harassment and demand compensation for your troubles.

Violations of the Fair Debt Collections Practices Act

While each case is different, the following kinds of actions on the part of collections agencies may constitute grounds for legal action against them under the terms of the FDCPA:

• Repeated calls at home throughout the day
• Calling you before 8 am or after 9 pm local time
• Calls at work, even though you've told them they can't call you there
• Abusive language (such as swearing or racial/ethnic slurs)
• Threatening language
• Impersonating law enforcement or attorneys
• Disclosing terms of your debt to friends or relatives
• Innuendo about causing harm to your credit or your financial situation
• Informing you they know where you live, what your kids look like or other possibly threatening comments

Collecting a Debt vs. Debt Collection Agencies - What's the Difference?

The terms of the FDCPA apply to debt collection agencies. However, most credit card companies have an internal debt collection department tasked with accounts receivable. As such, some of the restrictions that apply to debt collection agencies under the FDCPA do not apply to debt collection departments. While they cannot verbally threaten you, they can call you at work (unless you expressly tell them to stop) and can repeatedly call you at home. However, once you involve an attorney or declare bankruptcy, they can no longer contact you directly.

Why it can be Difficult to Stop Creditor Harassment without an Attorney

Debt collection agencies operate like call centers: the hours can be inconvenient, the work thankless, and the pay leaves something to be desired. As a result, turnover is a constant reality; proper training and accountability pose constant challenges. Additionally, there may be employee incentive plans rewarding collection agents for recovering a certain level of payments. All of these factors can lead to poorly trained, inexperienced collection agents who resort to threats and harassment to collect on past due accounts.

Stop Creditor Harassment from Bill Collectors - Contact Chang & Diamond

If you have been threatened or continually harassed by a third party debt collection agency, contact bankruptcy attorneys at Chang & Diamond today to schedule a free consultation to discuss your case. We can evaluate your situation and determine if you have grounds to pursue damages against the collection agency. We can also take steps to stop creditor harassment and help you consider whether bankruptcy makes sense for you.