Debt Collector Harassment in Oakland, CA
Managing debt can be an exhausting and nerve-wracking process. Unfortunately, debt collectors can exacerbate the situation by engaging in abusive and harassing behavior.
Oakland residents in this situation must comprehend their legal rights and protections. This article provides valuable details and advice on how to handle these situations.
Additionally, we explore the legal alternatives available to you and the importance of consulting an experienced attorney. You can start to resolve these problems today.
Debt Collector Harassment in Oakland, California
Oakland residents have had to deal with excessive calls and texts from debt collectors for many years. However, authorities do take action to stop this harassment from time to time. In 2018, NBC Bay Area reported on a $9 million settlement against an agency that crossed the line. As a result, they still have to submit to a third-party audit to ensure they do not get too aggressive again.
If you face a form of harassment mentioned, you may file a lawsuit under the FDCPA. Seek the assistance of a proficient attorney from Oakland to explore your legal options.
Misrepresentations made by a debt collector pertain to false claims, accusations, or deceitful practices. But they can include any attempts to misrepresent the amount of debt you owe. Please find a list of examples of such illegal debt collection practices listed below.
- Lying about the sum of money that you must pay
- Making threats to take actions that are outside the bounds of legal procedures
- Claiming to be a lawyer when they do not have the necessary qualifications or license to practice law
- Asserting untrue statements that the police will apprehend or detain you
- Making a false promise or statement to take an action that the debt collector has no intention of fulfilling
If you suspect debt collectors in Oakland, CA misrepresented themselves, you have legal options. Contact a lawyer who has expertise in debt collector laws to understand them.
Who Are Debt Collectors?
Many individuals may not be familiar with the concept of a debt collector until they experience frequent calls. Therefore, it is essential to understand who debt collectors are and whom they represent.
Debt collectors typically operate on behalf of agencies that collaborate with creditors. If you have unpaid debts in Oakland, your creditor may enlist the services of an agency. This company will then assign a representative to your case.
Oakland has several local agencies that may have contacted you recently. A few active companies recognized by the BBB in the area are:
- American Revenue Management
- Collection Bureau of America
- Mezetti Financial Services
- Optio Solutions
- Rash Curtis & Associates
What Should You Do If You’ve Been Harassed By a Debt Collector In Oakland, California?
Step 1: Know Your Rights
If you feel debt collectors in Oakland have gone too far, it is crucial to know about the FDCPA.
The Fair Debt Collection Practices Act (FDCPA) safeguards consumers from collection agencies. If a collector violates its rules, the victim can take legal action.
Step 2: Collect Records
If you have been a target of harassment in Oakland, CA, start collecting evidence immediately.
Many types of records can help with a debt collector harassment lawsuit in Oakland. Emails, text messages, letters, and voicemails are fair game. But you must be careful with recordings of phone conversations. The agency must consent to anything that you record.
Generally, your primary goal is to provide evidence of any false or misleading statements. This evidence will impact how the court evaluates the damages you incurred.
Step 3: Remain Calm and Act Deliberately
It is natural to feel angry and impulsive when dealing with a forceful debt collector in Oakland. However, it can lead to saying or doing things that could harm your case.
Remain composed and deliberate in your actions. This approach helps keep your stress levels in check and proves advantageous if you go to court. You can demonstrate that you acted respectfully while the debt collector used abusive tactics.
Step 4: Ask for Debt Verification
You can temporarily stop the frequent phone calls in Oakland, CA by requesting debt verification. This process can also determine whether the collector is misrepresenting your debt.
Debt verification should indicate the precise amount of debt you owe and the original creditor. You get 30 days to contest the validity of the debt. If you fail to dispute it, the agency will presume it is legitimate.
Step 5: Contact an Attorney
You do not have to accept harassment from debt collectors. You should stand and fight back against abusive phone calls or texts. Oakland lawyers who comprehend the local debt collection laws can help you assert these rights. And you have even more reason to hire counsel when they threaten legal action.
Step 6: Present Your Case
Engaging the services of a debt collector attorney in Oakland, CA improves your chances of winning a lawsuit. They will help you obtain financial restitution for wrongs committed, such as harassing phone calls.
The company you sue in Oakland, CA has a chance to respond to the complaint. Then, there will be an extensive discovery phase to gather evidence. If the case does not settle, it may proceed to trial. If the plaintiff wins, they may receive damages, including financial damages and attorney’s fees.
Work With an Experienced Oakland, California Debt Collector Harassment Lawyer
If you have encountered debt collector harassment in Oakland, CA, it is imperative to put a stop to it. Consumer protection laws are in place to safeguard you from debt collectors. Obtaining legal assistance can assist you in navigating these regulations and defending yourself in court.
Are you ready to find a debt collector attorney to stop the harassment? We can even help you connect with an attorney across California state lines.