Friday March 19 , 2010

What is debt collector harassment?

People often ask, "what is debt collector harassment?"  It is a good question, and can be hard to nail down.

Debt collectors must treat you with truth, fairness, dignity, and respect.  Any debt collector who crosses the line and abuses you for the collection of a consumer debt can be sued in federal court for damages under a law called the Fair Debt Collection Practices Act (FDCPA).  In California they can also be sued under California's Rosenthal Act.

Debt Collectors Are Prohibited From Doing Lots of Things

* Threatening lawsuits, garnishment, liens, or arrest for not paying a bill
* Calling your family, friends, neighbors or employers to collect a debt
* Leaving abusive phone messages
* Insulting, yelling or swearing at you
* Calling your workplace after telling the collector not to call you there
* Lying, threatening, or otherwise harassing you in any way

If you have suffered from any of these abusive bill collection practices, you may be entitled to compensation.  We can help any consumer who is currently in collections, or has suffered from collection harassment.   Call us today at (619) 233-7770 to speak with an attorney and get a free phone consultation on your case.   You can also start the process of evaluating your case by filling out an online evaluation, here.

What to Do if You're Abused By a Collector

If you're contacted by a debt collector, you have a right to dispute the debt either verbally or in writing.   If you want to preserve some rights under the FDCPA, you must send a written dispute within 30 days of your receipt of the first "validation notice" from the debt collector.  Even if you owe the debt, or you cannot pay, you still have rights under the FDCPA.   Most of our clients owe the debt being collected but because of financial circumstances, or a dispute over the goods or services, they cannot pay it.  In order to preserve your rights under the law, it's important for you to keep good records of all of the contacts.


Important Steps You Can Take To Help Your Case

1. Save copies of all letters and notices from collection agencies.
2. Save all phone messages and voice mails- this is very important!
3. Make note of your conversations with these bill collectors.
4. Call a consumer rights attorney to help you recover your damages.

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From The Desk Of Mr. Hyde

ImageOur Law Firm Is
Dedicated To Helping You

“If you are being abused by a debt collector, if you have been sued on a credit card debt, if a credit repair agency has taken money from you but done little, or if you have another consumer related issue, you need a law firm dedicated to consumer rights. That is what we do at Hyde & Swigart.  Call Us Today at (619) 233-7770 for a free consultation.”

From The Desk Of Mr. Swigart

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Solve Your Problems

"That is why we don’t charge you to discuss your case.  If you have been treated unfairly by debt collectors, sued, or alike, you need not fear calling us.  We will listen to you, tell you if you have a case, and give you some options - all at no charge.  If you feel your rights are being violated, I urge you to call us today at (619) 233-7770 for a free consultation.”