Unfortunately, debt collectors aren’t always known for their manners. A review of Capital One’s Cardholder Agreement recently revealed a little known clause that states that they can contact you in any matter they please, including a visit to your home or place of employment. Capital One claims that they have no plans to join you for dinner or to send debt collectors to your workplace. So why do they maintain the option? The following article claims that it’s antiquated language that applies to the creditor’s right to come to your home to repossess sports vehicles due to non-payment.
Can a Credit Card Company Really Come to Your House?
I am glad to hear that Capital One doesn’t intend on knocking on doors to collect debts owed to them. But how far can creditors go to collect on a debt? Fortunately for California consumers, there are both State and Federal laws that govern debt collector activity. The Rosenthal Act and the Fair Debt Collection Practices Act dictate what a creditor can and cannot do in the collection of a debt. For instance, the Rosenthal Act prohibits creditors from placing telephone calls repeatedly or continuously with the intent to annoy the person called. Additionally, when a consumer notifies the creditor in writing that she has retained an attorney, the Rosenthal Act prohibits the creditor from initiating communications directly with the consumer – “other than statements of account” – in an attempt to collect the debt. This is one of the many advantages to working with an debt settlement attorney to help you negotiate a debt settlement. Once your creditor is notified of representation, the annoying collection calls must stop. If you are considering resolving your debts through a debt settlement, you should consult with an attorney to learn the many advantages to working with an attorney. An attorney’s skill and knowledge could wind up saving you thousands of dollars in the end through a debt settlement.