Debt Collector Harassment in Fresno, CA
Debt collector harassment is the intimidation, bullying, abuse, or coercion of consumers into paying off the money they owe. In Fresno, California there are two things to consider when thinking about debt collection: harassment and misrepresentation. The presence of either of these things constitutes debt collector harassment and may require you to take legal action against the collector.
Debt Collector Harassment in Fresno, California
Debt collection agencies in Fresno are regulated by both federal and state laws. According to the Attorney General of California, debt collectors cannot engage in abusive or harassing behavior. They cannot swear, threaten you, or make repeated calls over a short period of time. In addition, they cannot call you before 8am or after 9pm, unless you give them permission. Debt collectors can contact your employer to verify employment and location, but they cannot give out information about your debt. Furthermore, debt collectors cannot continue to call after you make a written request for them to stop.
If you are a victim of any of these examples of harassment, you may have a right to sue the debt collector for violations of the Fair Debt Collection Practices Act (FDCPA). An experienced Fresno attorney can help you identify your options and build a strong case.
Misrepresentations
Misrepresentations by a debt collector refer to someone making false claims or accusations or using false, deceptive, or misleading practices. This also includes misrepresenting any debt you may have. See some examples of this and other Illegal Debt Collection Practices below:
- The amount of money you owe
- False threats saying they will have you arrested
- Saying they are an attorney if they aren’t one
- Threats to do something that the debt collector has no intention of doing
- Threats to take actions that are not within the confines of the law
If you think any Fresno, CA debt collectors may have misrepresented themselves to you, it’s important to remember that you have options. Get in contact with an attorney that understands debt collector law.
Who Are Debt Collectors?
Most people don’t know what a debt collector is until they have one incessantly calling them about paying off debt. So, who are debt collectors? Who do they work for?
Collectors come from a debt collection agency that works with creditors who are owed debts. If you have outstanding debt in Fresno such as credit debt, unpaid loans, and personal loans, your creditor may contact a debt collection agency. This agency then assigns a debt collector to your case.
Under a newly passed California law, debt collection agencies are required to be licensed by the state. The law goes into effect in January 2022, and you will be able to check the license of the agency that calls you. Some of the debt collection agencies currently working in the Fresno area include:
- Capital Collections
- Creditors Bureau USA
- Collectables Management Resources
- Central Valley Receivables
- Medvetta Financial
What Should You Do If You’ve Been Harassed By a Debt Collector In Fresno, California?
Step 1: Know Your Rights
If you think Fresno debt collectors are harassing you, then it’s important to become familiar with the Basics of the Fair Debt Collection Practices Act. The FDCPA was passed in 1977 to protect consumers from collection agencies. If a debt collector violates any of the harassment or misrepresentation rules, the victim has a right to sue the collector for violation of the FDCPA.
Step 2: Collect Records
Have you been harassed in Fresno, CA by a debt collector? If so, it’s important to begin to gather evidence.
California’s Department of Financial Protection and Innovation offers some advice on how to document your contacts with a debt collector. They recommend keeping a record of all calls, writing down the date, time, and name of the debt collector. They also suggest asking for the name of the creditor, amount of debt, and the date of the debt. In addition, make notes about what was said and whether the call was recorded. You should also keep copies of all written communications with the debt collection agency.
Step 3: Remain Calm and Act Deliberately
When you’re being abused or harassed by a bullish Fresno debt collector, it’s easy to get angry and act impulsively. Unfortunately, this can cause you to say or do something detrimental to your case. Instead, try to remain calm and make all your actions deliberate and well-thought-out. Not only will this be better for keeping your stress levels low, but it will prove helpful if you go to court. You can show that you were respectful and calm while the debt collector was the one using abusive language.
Step 4: Ask for Debt Verification
If you’re constantly getting phone calls from Fresno, CA debt collectors harassing you about what you owe, you need to ask for debt verification. Not only will this show whether or not they are misrepresenting your debt, but the debt collector must also stop contacting you until they provide the information you requested. Debt verification should show the amount of debt you owe and the name of the creditor. You have 30 days to dispute the validity of the debt. If you don’t dispute the debt, the creditor will assume the debt is valid.
Step 5: Contact an Attorney
If you’re the victim of debt collector harassment, it’s time to stand up and fight back. You deserve to live a life free from abusive and repetitive phone calls. Fresno attorneys that understand What to Expect When Suing for Debt Collection Harassment, and local debt collection laws, can help you make this possible. If the debt collector threatens to or does take legal action regarding your outstanding debts, working with an attorney becomes even more important.
Step 6: Present Your Case
By hiring an experienced Fresno, CA debt collector attorney, you have a better chance of winning the lawsuit and getting financial compensation for abuses such as phone harassment.
Lawsuits for debt collector harassment can often be brought in either state or federal court. Check with your Fresno attorney to determine whether U.S. District Court or Fresno Superior Court is the best option. Regardless of jurisdiction, your remedy could include compensation for any economic loss, as well as court costs and attorney’s fees. In addition, you may be entitled to statutory relief of up to $1,000.
Work With an Experienced Fresno, California Debt Collector Harassment Lawyer
If you’ve experienced debt collector harassment in Fresno, CA it’s time to put an end to it so you can move forward with life. There are laws in place to protect consumers from debt collectors. Legal assistance can help you to navigate these complex laws and defend yourself in court, if necessary.
Are you ready to find a debt collector attorney near you so you can finally fight back against the harassment? We can even help you connect with an attorney across California state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
