Bankruptcy Attorney

Fair Debt Collections Practices Act

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You should not be harassed by collection agencies. Schedule a free consultation today to see if you have a claim under the FDCPA or Fair Debt Collections Practices Act. We have offices throughout the Bay Area for your convenience. Call us toll free at 1-877-963-9543.

You Do Not Pay Our Attorney Fees: If we are successful the collection agency will have to pay our attorney fees.

What is a Violation You Can Collect Money For

Collection agencies use intimidation and illegal practices all the time to try and collect unpaid debts. It is not okay and you have legal rights. You should not be contacted at unusual times of the day. The acceptable time for them to call you is between 8:00 a.m. and 9:00 p.m. If you are being called at all times of the day you may have a claim against the debt collection agency.

If you are represented by an attorney regarding your debts and the collection agency knows this they should be contacting your attorney and not continuing to bother you. It is not okay for a collection agency to speak with anyone but you regarding you debts. If your family member receives a collection call from a collection agency about your debts that is not acceptable.

Any action that is harassing, oppressive or an abuse to any person to collect a debt is actionable. The following are things a debt collector should not do:

1. Ask you to pay them more than the amount you owe; 15 USC 1692(e) §807(2)(a)

2. Ask you to pay any expenses, interest or fees that you do not legally owe; 15 USC 1692(f) §808(1)

3. Call over and over again or continuously; 15 USC 1692(d) §806(5)

4. Use language that is harassing, obscene, profane, or abusive language; 15 USC 1692(d) §806(2)

5. Call you before 8:00 a.m. or after 9:00 p.m.; 15 USC 1692(c) §805(a)(1)

6. Call you at a time the collector knew or should know is inconvenient; 15 USC 1692(c) §805(a)(1)

7. Any use or threaten to use violence if you do not pay the debt; 15 USC 1692(d) §806(1)

8. Threaten you with an action they cannot or will not take; They cannot threaten to sue you, put in jail, take property, garnish wages, cause a loss of job or ruin your credit when the collector does not intend to take action; 15 USC 1692(e) §807(5)

9. Contact any third party about your debt or alleged debt, unless you expressly give permission to contact a third party about your debt or alleged debt; Except if it is: your attorney, the creditor, the creditor's attorney, a credit reporting agency, your spouse or your parent (if you are a minor); 15 USC 1692(c) §805(b)

10. Call a third party over and over again to get your location; If they call a third party once that is okay, unless the collection agency believes the information the third party gave them is false, then they may call again; 15 USC 1692(b) §804(1)

11. They cannot contact you at work if they know your employer does not approve; 15 USC 1692(c) §805(a)(3)

12. Fail to send a written debt validation notice; You must be sent a notice that includes the amount of the debt, name of the debt collector, notice of your rights to dispute the debt within thirty days; 15 USC 1692(g) §809(a)

13. Your written request for verification of the debt cannot be ignored and the then continue to attempt to collect the debt; 15 USC 1692(g) §809(b)

14. After receiving your written dispute the debt collector must stop trying to collection until you receive verification of the debt; 15 USC 1692(g) §809(b)

15. Continue collection attempts after receiving a cease communication notice; After you write the debt collector to stop calling you and cease communication they can only contact you one more time by mail to tell you they are not going to try and collect on the debt further, that they may take further action or they are going to take further action. [15 USC 1692c] § 805(c)

If you believe that you have a claim against a collection agency you can sue the collection agency for damages. The court filing fee is $350.00. Our attorney fees if we prevail will be paid by the collection agency and not you. We do require any upfront attorney fees except the court filing fee plus any other court costs.