San Diego Debt Collection Attorneys
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Chang & Diamond, APC, San Diego debt collection attorneys have been solving collection cases for years. Schedule a free initial consultation today.
San Diego Debt Collection Lawyers
Are you being harassed by debt collectors? Do you constantly receive phone calls at work and at home? Have you even received threatening messages? There are consumer protection laws that protect you from creditor harassment. The Fair Debt Collection Practices Act (FDCPA) protects consumers from unfair, deceptive, or abusive practices by debt collectors.
Our San Diego CA Debt Collection Attorneys at Chang & Diamond, APC are experienced in aggressively representing those who have been treated unfairly by debt collectors. Our firm and Bankruptcy practice does not tolerate abusive collection tactics and violations of consumer protection laws.
Consult San Diego collection attorneys at Chang & Diamond, APC, today in a free initial consultation session. We can explain your rights as a consumer and any further action you should take.
Consumer Protection: Fair Debt Collection Practices Act
In an effort to protect consumers, the federal government enacted the Fair Debt Collection Practices Act – FDCPA, which prohibits creditor harassment and unfair treatment of consumers. Under the FDCPA, debt collectors and creditors cannot make harassing, repetitive, and threatening phone calls. Nor can they send harassing letters or make threats of violence. If a debt collector violates the FDCPA, a consumer can sue for the violation and receive up to $1,000 in statutory damages and other costs/damages such as legal fees.
Just because you owe money to a creditor does not mean you should let unfair and deceptive acts and practices go unpunished. The credit harassment lawyers at Chang & Diamond can assist you and seek damages on your behalf.
Here are actions that generally constitute a violation of the FDCPA:
- Continuous and repeated phone calls with the intent to harass a consumer
- Calling consumers outside the hours of between 8 a.m. and 9 p.m.
- Using obscene language or other profanities
- Using fraud, misrepresentation, or deceit to collect debt
- Threatening to harm you, your reputation, or your property
- Threatening to tell your employer or neighbors that you owe a debt.
There are many other actions that are illegal under the FDCPA. If you believe you are a victim under the FDCPA, be sure to save all records of your communication with the creditor and continue to keep track of all documents and correspondence.
How Can Our San Diego Collection Attorneys Help?
Debt collectors have the right to recover money or property someone owes them, thus satisfying outstanding debts. However, they can’t call the debtor at inconvenient times. Also, they can’t contact them at work if they’ve said they can’t receive phone calls while at work.
Although debt collectors may send you notices, they can’t include any information intended to embarrass you.
The debt collection process can include writing effective demand letters as well as filing lawsuits. A debt collector can also pursue pre-judgment and post-judgment remedies such as non-judicial and judicial foreclosures or wage garnishments.
However, if the debtor files for bankruptcy, the automatic stay is triggered. The automatic stay stops all further collection efforts and sets in motion the process for the debtor to discharge a portion of their debts. But, just as debtors have the right not to be harassed or threatened because of a debt, creditors have rights too. They can, for example, hire an attorney who provides debt collection services and challenge the debtor’s bankruptcy case or file a Motions for Relief from the Automatic Stay.
If you feel you have been wrongfully contacted regarding a debt, contacting an experienced attorney can be beneficial for your case. We may be able to help before you get overwhelmed by collection tactics.
For example, our attorneys can challenge the debt’s validity on the consumer’s behalf. The debt collector or the creditor has the burden of proof to prove their case. Moreover, there may be other defenses that can apply to your case.
