Sacramento Creditor Harassment Attorneys
Enforcing the Rights of Clients in El Paso and Placer Counties
Debt collectors have one job: Compel you to pay what you owe. Many collection agencies will attempt to accomplish this goal by any means necessary, even if it means resorting to invasive and illegal practices.
Our Sacramento creditor harassment lawyers are ready to help you put a stop to unending phone calls and other forms of unlawful behavior. With over a decade of combined legal experience, our team at Stutz Law Office, P.C. knows how to effectively enforce your rights and hold unscrupulous debt collectors accountable for misconduct. We can also help you stop collection actions and access the resources and relief you need to address your debt.
Your Rights as a Debtor in California
As a debtor in California, you have rights under both state and federal law, no matter how much you owe. The federal Fair Debt Collection Practices Act (FDCPA) regulates how and when creditors can communicate with you, while California’s Rosenthal Act expands who the FDCPA applies to. The federal Telephone Consumer Protection Act (TCPA) restricts how and when unsolicited autodialed and prerecorded messages can be sent to your phone.
Under the rules of the FDCPA, TCPA, and the Rosenthal Act, a debt collector cannot:
- Call you at inconvenient or unusual hours. A debt collector cannot typically call you before 8 A.M. or after 9 P.M. unless you specifically give them permission to call at a specific time outside these hours. This rule also applies to unsolicited robocalls.
- Use inappropriate language. Collection agencies cannot use profane, obscene, or threatening language to intimidate you.
- Send unsolicited faxes. This rule applies to both your home and your place of work.
- Attempt to shame or embarrass you. Debt collectors can only contact your employer or family members if they are exclusively attempting to locate and get in touch with you. Debt collectors cannot disclose that you owe a debt or otherwise badger your boss or loved ones. (There are some circumstances where debt collectors can discuss these matters with your spouse.) Collection agencies also cannot publish your name (or threaten to publish your name) on a public list of debtors or otherwise publicize that you owe a debt.
- Misrepresent who they are and what they can legally do. When a debt collector or collection agency calls, they must immediately disclose that they are attempting to collect a debt and that any information provided to them will be used for that purpose. They cannot claim they work for the government if that is not true. They also cannot threaten any legal action that they do not have the right to take. When asked, the caller must provide their name, the name of the organization on whose behalf they are calling, and all applicable contact information.
You have the right to ask a debt collector to prove they own the debt they are calling about if you make the request in writing within 30 days of initial contact. The debtor must cease all communications until they can provide documentation proving they have a right to collect on the debt.
You always have the right to ask a debt collector to stop contacting you. After making this request in writing, a debt collector can only send you a notice of acknowledgment and/or a notice explaining the debt collector intends to take legal action, such as filing a collection lawsuit.
Under the TCPA, you can also opt out of automated or autodialed calls from any given caller and/or put your name on the applicable “Do Not Call” list. A debt collector is violating the law if they continue to contact you after you take either action.
Our Sacramento creditor harassment attorneys are well-versed in the intricacies of the FDCPA, TCPA, and Rosenthal Act. We can help you understand your rights and take immediate steps to exercise them.
How We Can Help You Stop Creditor Harassment
When your rights are violated under the FDCPA, TCPA, or Rosenthal Act, you have the right to sue the offending debt collector and potentially recover compensation for damages. Successfully winning this type of lawsuit will not erase your debt, however.
Debt collectors may be compelled to pursue their own legal action to collect when they become convinced you cannot pay. If they legitimately own the debt, you will likely lose the resulting lawsuit, and the debt collector will likely be able to garnish your wages until the obligation is settled. Fortunately, there are several ways to avoid this outcome.
Our team at Stutz Law Office, P.C. can help you put a stop to creditor harassment and collection lawsuits through:
- Routing communications through our office. When you retain legal representation, you can ask debt collectors to send all communications to your attorney. Let us handle phone calls from your creditor so you don’t have to.
- Filing for bankruptcy. Chapter 7 bankruptcy and Chapter 13 bankruptcy can help you reorganize and eliminate your debt. Filing will also temporarily stop all collection actions, including lawsuits and wage garnishments. We can evaluate your circumstances and advise if bankruptcy makes sense for your situation.
- Negotiating a debt settlement. Debt collectors are often far more willing to negotiate debt settlements, consolidations, and reorganizations when legal professionals get involved. We may be able to settle your debt for less than what you owe or establish a more sustainable repayment plan, especially if a debt collector has violated the law.
Constant Attorney-Client Communication
We will always be transparent and establish open communication with our clients from Day 1.
Services Tailored to Your Needs
No two cases are made the same. We will always listen to your individual case and find a solution that works best for you.
At Stutz Law Office, our mission is to always put you first.
Payment Plans Available
We work with you to find a payment schedule that fits your budget.
All initial consultations are 100% complimentary.