How to Fight Debt Collectors in California and Win
How to Fight Debt Collectors in California And Win
If you find yourself drowning in debt and are looking for tips to deal with debt collectors, then you need to know that you do have options. You CAN fight debt collectors in California and win! Follow the link for a comprehensive list of California debt collectors. It’s time to stop debt collector harassment and move on with your life.
Fight Debt Collectors in California And Win
You can win a lawsuit from a debt collector in California by following our tips.
If you have been sued by a debt collector in California or feel that you are being harassed, then it’s time to learn how to fight back. It’s important that you stay informed about the following California debt collection laws.
Collection Fees Prohibited — You cannot be charged by a debt collector for any fees except the amounts that were stated in the original agreement with your creditor. A debt collector cannot make you pay fees, interest or collection charges above the original amounts.
Harassment Prohibited — You cannot legally be harassed, oppressed or abused by debt collectors in California via their conduct, communication or language.
You Can’t Be Sued for the Same Debt by Multiple Parties at the Same Time — For instance, our client’s credit union had repossessed and sold her car, but she still owed approximately $18,000 of the balance due on the car after the auction. After a lawsuit was filed, our client received a collection letter from another law firm threatening to sue her for the same debt. We immediately recognized this as a potential violation of both the Fair Debt Collection Practices Act and the California Rosenthal Act. Both law firms and the credit union were sued for collection violations by another attorney. We continued to defend the original lawsuit filed against our client. As a result of the federal lawsuit she filed, the credit union and their several attorneys agreed to settle on the auto deficiency for $4,000.00. This is a savings of over 75% of what the credit union sought in its lawsuit.
To deal with debt collectors in California, you need to know your rights.
Tips For Dealing With California Debt Collectors
Below are a few tips if you have been sued by a debt collector and you want to stop debt collector harassment in California.
You are Being Recorded, Speak Carefully — Remember that your phone call is being recorded and whoever is calling you is making notes on everything you say. These debt collectors are highly skilled and trained to trap you with seemingly innocent questions. They will try asking questions in different ways with the goal of getting information out of you that can be used later to collect the debt in a lawsuit.
Don’t Tell Them Anything — As stated above, the information gathered in a debt collection phone call will be used against you — so don’t tell them anything. Even if you tell them where you work, this is a liability. They can later garnish your wages to collect the debt after they get a judgment against you in court.
Identify Who is Calling You — Make sure you first ask what firm or company they are representing, get their name and a phone number where you can call them back. And then I recommend letting them know you will call them back. This gives you time to take some deep breaths, collect your thoughts and do some research on the collection firm to make sure they are legitimate.
Be Aware of Scams — Unfortunately, the debt collection industry is overflowing with scams, especially when it comes to Payday loans. You might be threatened with criminal charges or jail. This is illegal. Even if you do identify that the correct entity is calling regarding your debt, legitimate debt collectors are often known for illegal bullying tactics.
Do Not Ignore the Debt Collection Problem — You are not required legally to even answer a debt collector’s call. Keep in mind though, that if you ignore the debt collection calls, the problem will not go away. You will eventually have to get debt help and figure out a plan to get out of debt or you risk being sued.
Legal help with debt collectors
Never pay a debt collection lawyer up front for advice on how to fight California debt collectors. Make sure you research and find a debt relief attorney with a proven track record of client debt relief success stories. I caution you to steer clear of debt relief “companies” who are not held to the same standards and ethics under the law as are required of an attorney. Call me to set up an appointment and get free legal advice on debt collection. I offer a free consultation to go over your debt problems and map out solutions to meet your unique situation. Call me in San Diego at 858–217–5051, in Los Angeles at 213–315–0050, email me at daniel@gamezlawfirm.com, or submit an inquiry to the “Ask a Debt Question” form on my website.
Story originally published on GamezLawFirm.com. Daniel R. Gamez is an attorney serving clients nationwide and focuses exclusively in debt relief. He is licensed to practice in all state and federal courts in California and Texas. Mr. Gamez owns and operates the Gamez Law Firm in San Diego and Los Angeles, and helps people with debt problems all over the country. For more information, please contact Daniel Gamez at 858–217–5051, daniel@gamezlawfirm.com or use our online contact form. Stay updated about the latest debt relief tips by following on Facebook and Twitter and read about client success stories on our website.
