California Creditor Harassment Lawyer
Under state and federal laws, creditors are restricted in their collections activities. The federal Fair Debt Collection Practices Act (FDCPA) makes it illegal for creditors to engage in threatening, offensive or intimidating behavior against any individual debtor from whom they are trying to collect on a bill owed.
Stop Creditor Harassment. Under Federal and State Law, it Is Illegal.
Under provisions of the FDCPA, creditors may not engage in activities such as:
- Using obscene and harassing language in phone calls or collections letters
- Calling your house before 8:00 a.m. or after 9:00 p.m.
- Accusing you of illegal activities or threatening you with arrest if you don’t pay
- Threatening to call your employer about your debt and credit issues
- Discussing your debt or collections actions with minor-age children in your household
- Threatening to repossess or foreclose on property not associated with the loan or debt
If you are facing creditor harassment, there are options you have for protecting your rights.
When you file Chapter 7 or Chapter 13 bankruptcy, all creditors’ collections actions against you are automatically stopped. From the day you retain us to represent you, creditors and bill collectors are required by federal law to direct all collections calls and contacts to my office. You will receive a card with our contact information. If you receive a call within a day or two after you file through our office, you can tell them to contact your attorney.
In addition to stopping creditor harassment, any legal actions creditors have started against you will have an automatic stay of execution put on them. That means that wage garnishment, foreclosure proceedings, liens and auto repossessions will be stopped, pending the outcome of your filing. This includes legal actions by vendors and creditors against business owners filing Chapter 11 bankruptcy to restructure their debt.
Is Bankruptcy Right for You?
Our law firm works with clients who are serious about using federal debt relief laws to eliminate debt that is preventing them from building a strong financial future. Just starting over from debt isn’t enough. we can also help you protect your financial future with a variety of estate planning instruments that will protect you and future generations from probate decisions and estate taxes upon your death.
Let us help you stop debt collection calls while we work toward helping you build a stronger financial future, debt free. With offices conveniently located in Rancho Cordova and Sacramento, we represent clients in communities throughout Sacramento County, El Dorado County and Placer County, California.