Should I Sue a Debt Collector?
San Jose Collection Abuse Lawyer
Determining whether to sue a debt collector for violating the Fair Debt Collection Practices Act (FDCPA) is something that should be done with an experienced collection harassment attorney. It is important to know what your rights are if you feel you have been treated unfairly, or unlawfully threatened abused or harassed. In talking with an attorney you can get to the bottom of what happened, and what you might be able to do about it.
The federal FDCPA and California FDCPA govern how debt collectors are allowed to attempt to collect a debt. Debt collectors are specifically prohibited from making any false threats, from using any obscene or abusive language, or from giving you false information about your rights, among other things.
If you feel you have been treated unfairly or unlawfully threatened by a creditor or debt collector and wish to learn more about your rights you can contact San Jose collection abuse lawyer Ronald Wilcox. Our office is dedicated to protecting people from collection agency abuse and we can help decide whether or not you should sue, or what other action you should take.
Collection Abuse Attorney in San Jose
By law, a debt collector is not allowed to do any of the following:
- Use any obscene or abusive language
- Become upset, angry or threatening to you in any way
- Threaten to call your family, friends or employer in an effort to get you to pay a debt
- Threaten to have you arrested or be put in jail
- Threaten or accuse you of breaking the law
- Falsely claim you are guilty of a crime
If you need to decide what to do about a creditor or debt collector's abuse, call San Jose collection harassment attorney Ronald Wilcox. We can discuss the matter with you personally, help you better understand your rights, and help you decide what action to take against the debt collector.
Contact a San Jose Collection Abuse Lawyer if you need to decide what to do about a creditor or a debt collector's harassment.
When Should I Contact an Attorney?
If you are being contacted by a creditor or debt collector it is a good time to contact a consumer protection attorney. Why? Well, for one reason, creditors and debt collectors have attorneys, so should you. Would you like to go into a gun fight without a gun? Of course not.
You may have noticed debt collectors are not that fun to deal with. That's because many debt collectors treat consumers unfairly, with no dignity, and no respect. Having an attorney can help you get on equal footing with the debt collector.
The Fair Debt Collection Practices Act (FDCPA) governs how debt collectors are allowed to collect a debt. The FDCPA prohibits debt collectors from engaging in any abuse or harassment, contacting your relatives, neighbors or friends (with very limited exceptions), false statements, or deception, and unfair and unconscionable conduct in an attempt to collect a debt.
If you have been contacted by a creditor, debt collector or collection agency, you should peak to San Jose creditor harassment attorney Ronald Wilcox to better understand your rights. We are dedicated to helping people who have been unfairly treated by debt collectors and can assist you getting the collection harassment to cease.
Call a Creditor Harassment Attorney in San Jose.
While it is the job of a collection agency to attempt to collect a debt, they are not permitted by law to use any form of abuse, harassment, intimidation, or false threats.
They are also bound by specific guidelines in regard to:
- The time of day they may call you (between 8 AM and 9 PM)
- Identifying who they are and what firm they represent
- Contacting your relatives, friends or neighbors (strictly prohibited with very limited exceptions)
- The manner in which they speak and their behavior on the phone
- Using an automatic telephone dialing system or pre-recorded voice to call a cell phone
We can help you better understand these guidelines. Contact a San Jose Creditor Harassment Lawyer to protect your rights and discover what your legal options are to stop abusive collection calls.