Collection Agency Litigation

Collection Agency Litigation

Collection agencies are often regulated by both State and Federal laws.  Many times they will violate those laws by using abusive tactics in their debt collection activity.  If they violate the law, we can usually ask the Court to intervene and award you your just and proper damages. 

Collection Agency Litigation

Collection agencies are highly regulated by both Federal Law and various State laws.  At the Federal level, the Fair Debt Collections Practices Act governs debt collectors; at the State level, California has its own Fair Debt Collection Practices Act, as well as other consumer protection statutes apply.

Some common things that are prohibited under the law for a debt collector that is collecting a consumer debt are:

  • Collection agency abuse
  • Anonymous calls from bill collectors
  • Creditors’ calls early morning or late at night
  • Calls at work by credit lawyers
  • Credit attorney harassment
  • Calls to friends, neighbors, or coworkers
  • Threats of violence, lawsuit, or arrest
  • Threats of wage garnishment
  • Use of obscene language
  • Accusations of crime
  • Collection attorney or agency lies
  • Negative credit reporting threats
  • Attempts to collect more than you owe
  • Debt collectors using false names
  • Contact by postcard
  • Intimidation, lies, debt harassment

State law prohibits debt collectors collecting or attempting to collect a consumer debt by using obscene or profane language (California Civil Code section 1788.11(a)). Federal law states that a “debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person…” and also prohibits the use of obscene or profane language to the hearer or reader (15 United States Code section 1692d(2)).

 

A collection agency or its employees must not threaten to do anything that it cannot legally do. It cannot damage your property or physically injure you or others (California Civil Code section 1788.10).

If you find yourself being abused by a collection agency or debt collection, if appropriate, we will literally make a Federal case out of it by bring an action in Federal District Court to protect your rights under the law.

We would be happy to consult with you, as a free consultation, and completely explain to you your options– normally at no cost.  If you would like to do this, you can either call us to discuss it further, or use the contact page to send an email.

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