You have rights under the FDCPA!
The non-stop phone calls, the constant letters in the mail — these creditor attempts to collect payments can make it extremely difficult to function on a regular basis. But did you know that there are very strict regulations in place for how many times a collector can call you and during what hours they are allowed to make these calls?
If creditors call you during your work hours, you can legally ask them to contact you only during specific, requested hours. You have rights that are protected under the California Civil Code §1788, the California Fair Debt Collection Practices Act. If you feel that your rights are being violated by creditors, then it is important for you to contact a Modesto bankruptcy lawyer for help stopping creditor harassment.
Regulations Established by Federal Law
Federal law prohibits collectors from using the following to collect a debt:
- Harassing terms
- Oppressing statements
- Abusive language
These restrictions were put into place to help protect individuals' rights and freedoms. While most collectors will call the maximum amount of times legally allotted, some creditors will cross the line and use threatening language or call on a continuous basis. This is illegal, and if you are being unlawfully harassed, then you can take action to protect yourself.
How can I stop the harassment in Modesto, CA?
If the creditor is wrongfully harassing you, then you can take action to legally stop the attempts. Working with a Modesto bankruptcy attorney can help ensure that your rights are protected. If calls are made during irregular hours or envelopes do not state that they are from a collection agency, then you may be able to fight their attempts to collect payment from you.
If the collections calls are happening because you absolutely cannot afford to make any payments, then you may want to consider working with an attorney and filing for Chapter 7 or Chapter 13 bankruptcy. Once bankruptcy is filed, all creditor collection attempts will be stopped. If you have questions or concerns about the collection attempts being made against you, then you are encouraged to contact Scott Mitchell Law Incorporated today to speak with our understanding staff.