Your Rights Against Debt Collectors

Piggy Bank

Fighting For Your Legal Rights Against Debt Collectors

Having a debt collector contact you can be a stressful event. Having one harass or threaten you can be confusing and frightening. Because many debt collection agencies act very aggressively when trying to obtain payment, California and federal laws impose limits on their behavior. At the Law Office of A.L. Hinton, I work with you to enforce your rights against debt collectors. I can help put a stop to the harassment and threats that many agencies use.

Don't Pay What You Don't Owe

Problems arise when a debt collector contacts you about a debt that you believe you do not owe, that you have already paid, or that is the wrong amount. To give you the information you need to competently address any such mistakes, debt collectors are required to disclose the following, either in its first contact or in writing within five days of that first contact:

  • The amount allegedly owed
  • The creditor's name
  • Information about how to dispute the bill in writing within 30 days

As your attorney, I can help you dispute a bill and stop the debt collector from contacting you in certain ways, and if needed, fight to correct any errors on your credit report.

What Debt Collectors Cannot Do

Although debt collectors are allowed to contact you about a bill, the law restricts the tactics they can use. For instance, they generally cannot call you late at night, or call you repeatedly within a short time. When they do contact you, debt collectors cannot use obscene language. They cannot misrepresent themselves as a law firm, court or government agency, or otherwise make misleading or false statements. Also, there are strict limitations regarding the ability of debt collectors to contact your employer, your family or other people about the debt.

What A Debt Collector Won't Tell You

If your debt is uncollectible through the courts because it is past the statute of limitations period in which the debt collector can sue you, a debt collector cannot threaten to take legal action against you. What the debt collector won't tell you, however, is that if you make any payment on the debt, no matter how small, the statute of limitations period starts all over again. Before making a payment to a debt collector, contact my office for a consultation.

I Will Help You Fight Back

I am passionate about helping people who are being harassed by debt collectors. Even if you owe the debt, I can take actions to stop the harassment, and may be able to reduce the debt you owe. To discuss your case with an experienced consumer protection lawyer,  call my Fresno office at 559-717-4111, or contact me via email.