SERVING THE RESIDENTS OF LONG BEACH CONSUMER LAW/CONSUMER DEFENSE ATTORNEYS, ORANGE COUNTY CONSUMER LAW/CONSUMER DEFENSE ATTORNEYS, AND THE GREATER LOS ANGELES COUNTY CONSUMER LAW/CONSUMER DEFENSE ATTORNEYS
Whether you were aware of it or not, debt collectors are required to conduct themselves in a certain manner, and the entire debt collection process is not only regulated by state law, but also federal laws. What does that mean? Well, basically, fair (fair to the consumer) debt collection laws have been set forth which specifically define permissible and impermissible methods that the debt collector must abide by when trying to collect a consumer debt. For example, a debt collector may not harass, oppress, or abuse a consumer or a third party connected to the consumer, or contact the consumer at inconvenient times or places, or continue to do so after the consumer has asked the collector to stop. Thus, the debt collector should not use threats of violence or harm, use obscene or profane language when communicating with the debtor, or repetitively call the debtor with the intention to annoy him or her. Also, debt collectors may not use false or misleading statements when trying to collect. Therefore, the debt collector cannot lie about their identity and falsely claim to be an attorney, government employee, or employee of a credit bureau; tell the consumer that he or she is going to be arrested if he or she doesn't pay the debt; lie about the amount of the debt owed; or lie about any documents that have been sent to the debtor by claiming that they are legal documents when they are not, or vice versa. Additionally, the debt collector may not resort to unfair practices when collecting a debt. That means that the debt collector may not use deception to try and get the debtor accept collect calls or pay for telegrams; threaten to take the debtor' property unless the collector has legal authority to do so; or try to contact the debtor through postcards. Of course, if you have a claim against a debt collector for violating these laws, it doesn't relieve you of your obligation to pay off your debts.
With regards to what your remedies are if a debt collector violates any of the fair debt collection laws, you may sue the collector within one year from the date of the violation, in state or federal court. If you are successful, you could potentially recover monetary damages, as well as an additional amount up to $1,000.00. Also, the consumer-debtor may recover attorney's fees and court costs involved in pursuing such a claim.
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