Debt Collection Harassment Attorney San Diego
It has been widely reported that one in three Americans has debt in collections. Once your payment due date changes you can expect your phone to start ringing. And ringing. The popular term for this is the robocall. That’s a phone call that uses a computerized autodialer to call your number. The system recognizes a human voice and patches the call to a live collector to speak with you. If you pay attention you will notice a few second delay before you hear anyone on the other side of the call. Here are some tips for dealing with these calls.
Dealing with debt collectors can be stressful. It’s important to say the right thing so you don’t give the wrong information or convey the wrong message. If you don’t think you can go it alone, seek the assistance of a San Diego debt relief attorney at 844-729-4866 for a free consultation.
Know Your Rights When It Comes to Debt Collector Harassment
- Collection Fees Prohibited – A debt collector may not charge you any interest, fees or collection charges, except those amounts that were authorized by the agreement with the creditor to whom the debt is owed.
- Harassment Prohibited – A debt collector may not use any language, communication or conduct to harass, oppress, or abuse any person.
Debt Collection Harassment Success Story
Our client got sued by her credit union for approximately $18,000.00 for a deficiency balance due after the credit union repossessed and sold her car. After suit was filed, our client received a letter from another law firm threatening to sue her for the same debt. We immediately recognized this as potential violations 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. We continued to defend the original suit 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 little over 20% of what the credit union sought in its lawsuit.
To read more debt relief success stories, visit our Client Success Stories page!
Tips For Dealing With Debt Collectors
- Anything you say can and will be used against you – Your call is being recorded and the caller is taking notes. Be careful with what you divulge to a debt collector. They are trained and skilled to use different methods to get information about you with seemingly innocent questions. Their goal is to get information about you that they can potentially use later to collect the debt. You are not required to give a debt collector any information. I can assure you that what you say will be used against you later. Simply telling them where you work makes it easier for them to later garnish your wages if they get a judgment in court against you.
- Identify the caller and the creditor – There are a ton of scam artists out there that will take your money if you’re not careful. Most often the scam is for collection on a payday loan that you don’t likely owe. These callers are looking for quick cash and threaten you with criminal charges or jail. These are illegal tactics. Unfortunately, legitimate collectors have also been known to use illegal bullying tactics. If you find yourself on a call with a collector, ask what firm they are with. Get their name and phone number and ask if you can call them back. This should give you time to gather your thoughts if you choose to call them back. You can also use this information to check out the company and confirm whether it’s a legitimate collector.
- Ignore the call, but not the problem – Not only are you not required to give them any information, you don’t even have to answer the call. It used to be easy with caller id to ignore calls. But collectors are getting crafty. In my San Diego credit card debt settlement practice I often take calls from collectors while I am negotiating for a settlement. Creditors are now able to use local numbers to call you instead of the 800 or 888 numbers you used to see. It’s common for me to see a 619 area code on my office line that turns out to be a debt collector. Feel free to ignore the phone calls, but you cannot ignore the fact that you’re in collections.
We know your rights and are here to help you put an end to debt collector harassment. If debt collectors are calling your cell phone, do not ignore them! It’s easy to take charge and make them stop. Call us at 844-729-4866 for a FREE consultation.