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Debt Collection Harassment Lawyers in California

Restoring peace and justice in the face of debt collection harassment – Zemel Law leads the way.

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    A creditor company in California may be bothering you because you missed payments. But at times, they might go overboard with it – constant calls, letters to your family, and threatening emails about ruining your credit score. Can they legally practice such harassing activities in California? The answer is "NO!" You have Zemel Law’s renowned and experienced California debt collection lawyer, to help you sue those debt collectors for harassing you.

    We educate individuals on both federal and state rules – that control how debt collectors should communicate with you in California. Using standard laws, we ensure the debt collection agency pays for its mistakes with fees and penalties.

    Understanding Debt Collection Harassment in California

    As per law, illegal and prohibited practices by debt collectors when attempting to collect debts are considered harassment. Debt collectors cannot harass or abuse individuals. This includes not swearing, making threats of illegal actions, falsely threatening, making repeated calls over a short period to annoy or harass, using abusive language, and engaging in deceptive and unfair debt-collection practices. Any conduct that is unconscionable or unfair violates federal and state statutes governing debt collection in California.

    Take action against the companies that may be violating your rights.

    Signs You're a Victim of Debt Collection Harassment in California

    Do you feel you are being harassed by a debt collection agency in California but are confused about whether you can report it or not? Here are signs that signify harassment and are punishable under the law:

    1
    Witnessing tactless behavior or calls at undesirable times?

    It’s against the law for debt collectors to use bad language, threaten violence, or put your name on a list of debtors. They also can’t repeatedly call you in a day or bother you before 8:00 AM or after 9:00 PM. If they do so, it is classified as harassment under the law.

    2
    Receiving fraudulent calls and threats to take fake legal actions

    Some collectors may lie to make you pay up. They might pretend to be a lawyer or a government official. They could also make up scary stories about what could happen to you if you don’t pay. One common lie is threatening to get you arrested for not paying. They might threaten you on legal grounds by threatening to take legal action or garnish your wage, they need to produce legal rights and intent for the purpose. They also can’t threaten to take your property or income tax refund without a proper judgment.

    3
    Fake debt collection queries

    There are certain companies that might even send you fake debt collection notices about a debt you never really took or have already paid. It’s also illegal for them to charge interest and fees that aren’t allowed under your agreement with the original creditor. In such a case, you do not owe them any money and are liable to take legal action against the firm if this practice persists.

    4
    Collectors trying to embarrass you publicly

    The law considers the discussion of debt with any family, friend, relative, or general public abusive behavior. This might turn into a penalty for the debt collection company. The only person they are allowed to communicate about the debt and its repayment is either you or your spouse.

    5
    Still getting calls and emails after attorney interference?

    Once a debt collector knows you have a California debt collection lawyer, they’re not allowed to bother you directly. All communication should go through your lawyer. Continuing to contact you personally is against the law and might result in high penalties.

    Why You Need Our Debt Collection Harassment Lawyer Assistance in California

    At Zemel Law, we strive to stand up to debt collector misconduct and fight for your peace of mind. Here’s how we do that and why you need our attorney:

    1
    Expert guidance and support

    Our legal team is thorough with the statutes that regulate debt collection harassment. As your legal advisors, our primary task is to educate individuals on their rights and options under laws like the Fair Debt Collection Practices Act (FDCPA) and the Rosenthal Fair Debt Collection Practices Act. Our goal is to give you practical strategies to stop the harassment, assert your legal rights, and help deal with the complexities of debt collection issues.

    Our debt collection lawyer in California will represent individuals or businesses who are being harassed by debt collectors.

    2
    Taking Legal Action

    If needed, our credit harassment attorney can file a lawsuit against the collection agency. This legal move aims to get you compensation for violations of federal and state debt collection laws.

    3
    Comprehensive Debt Support

    We don’t just tackle harassment; our creditor harassment attorney helps you with broader debt problems. From defending you if you’re sued to exploring bankruptcy options and negotiating with creditors, we’ve got your back. Having legal help means we take on all aspects of your debt challenges.

    4
    Collecting Proof

    If you lack evidence against debt collection harassment, our attorney will gather important proof, like letters, emails, and records of calls and texts. This builds a strong case showing violations of fair debt collection laws.

    Your Rights Under the FDCPA and RFDCPA in California

    The two laws that govern cases of debt collection harassment are:

    Fair Debt Collection Practices Act (Ferdral)

    If a debt collector is treating you unfairly, you have the right to fight back. The FDCPA allows you to sue them for breaking the rules. 

    The FDCPA states: “A debt collector may not engage in any conduct, the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt.”

    Under this law, you have some important rights when dealing with debt collectors:

    • Debt collectors can’t use mean language, keep calling you non-stop, or do anything to bother or hurt you. If they do, you can tell them to stop, and if it’s really bad, you might even be able to take them to court.
    • Debt collectors have to send you a written notice within about 5 days of first contacting you. This notice should say how much you owe, who you owe it to, and your right to say if you think something’s wrong.
    • You can say if you don’t think you owe all or part of the debt within 30 days of getting the notice. While they check, the debt collector can’t keep trying to get the money from you.
    • Debt collectors can’t lie or trick you about the debt, like saying you owe more than you do. If they do, you can take legal action against them.
    • You can ask the debt collector to stop contacting you. Once you write to them about it, they can only get in touch to say they got your request or to tell you what they’re going to do next.
    • You could get back the money you lost, up to $1,000 extra, and the cost of your debt collection lawyer in California. Even though this might not sound like a huge amount, it’s a big deal for debt collectors. They could face higher insurance costs, lower collection success, government actions, and expensive legal battles for their wrong actions.

    Rosenthal Fair Debt Collection Practices Act (State)

    Apart from the FDCPA, people living in California are also shielded by the Rosenthal Fair Debt Collection Practices Act, commonly known as the Rosenthal Act. This state law, similar to the FDCPA, stops debt collectors from using mean, tricky, or misleading tactics.

    But, the Rosenthal Act goes beyond the FDCPA. It covers not just debt collection agencies but also any business involved in collecting debts, like, Collection agencies, Original creditors, Repossession agencies, and Debt collection lawyers. If you think a lender or debt collector has treated you unfairly, the Rosenthal Act allows you to take legal action. You could potentially get up to $1,000 in damages and have your attorney’s fees covered. To claim the amount, the victim must have filed the lawsuit within 1 year of the incident.

    Get empowered with Zemel Law’s dedicated team of debt collection lawyers in California. Let us advocate for you, ensuring fair treatment and resolution. Contact our debt collection harassment attorneys in New York, Massachusetts, and Washington County to safeguard your rights and stop the harassment – call us now at 862-271-2664 or visit zemellawllc.com!

    FAQs

    You may be a victim of debt collection harassment in California if you experience repeated calls over a short period to annoy or harass you, receive threats of illegal actions or actions that the debt collector does not intend to take, or encounter the use of obscene, profane, or abusive language.
    In California, there are time limits for filing a complaint against debt collectors. The statute of limitations for filing a lawsuit related to debt collection harassment under FDCPA is typically within 30 days of receiving the validation notice. And under Rosenthal Fair Debt Collection Practices Act you have 1 year to pursue a lawsuit. Upon receipt of a written dispute, the debt collector must cease collection efforts until the debt is verified.
    To document instances of debt collection harassment and strengthen your case, you can keep detailed records of all communications from the debt collector, including phone calls, voicemails, letters, and emails. It is essential to note the date, time, and nature of each interaction and gather any supporting evidence, such as witness statements or recordings, if legally permissible.

    If you’re dealing with debt harassment, the first step is to see a debt harassment attorney at Zemel Law. Our experienced lawyers will take various steps to put a stop to the harassment, including:

    • Sending a written request for the debt collectors to stop contacting you.
    • Keeping careful records of any harassing behavior.
    • Filing a complaint with the Consumer Financial Protection Bureau (CFPB).
    No, debt collection harassment itself doesn’t directly impact your credit score. However, it might indirectly affect your score if it leads to missed payments or other negative consequences. Any damage to your credit score would stem from actions related to the debt collection process, like missing payments or defaulting on debts, rather than the harassment itself.
    In a debt collection harassment lawsuit in California, you can pursue damages such as compensation for emotional distress, punitive damages if the debt collector’s conduct was particularly egregious, and reimbursement for any financial losses incurred as a result of the harassment. You can even claim your attorney’s fees as compensation amount.
    You can verify if a debt collector is licensed to operate in California by checking with the California Department of Financial Protection and Innovation (DFPI) licensed servicers’ telephone numbers, email addresses, and website information through the Nationwide Multistate Licensing System (NMLS) Consumer Access (www.nmlsconsumeraccess.org).

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