How can debtors protect themselves from debt collectors?

Debtors in California can protect themselves from debt collectors by understanding their rights and adhering to the laws of the state. The Fair Debt Collection Practices Act (FDCPA) is a federal law that applies to all states and prevents debt collectors from engaging in unethical collection practices, such as calling excessively or at unsociable hours, making false statements about your debt, or threatening legal action to collect the debt. Additionally, the state of California has its own Fair Debt Collection Practices Act (CFDCPA), which is designed to protect consumers from unfair and deceptive debt collection practices. This law applies only to debt collectors in California and prohibits debt collectors from making false or misleading statements, using profane language, calling at odd hours, or attempting to collect more than what is owed. Debtors should also be aware that debt collectors are prohibited from harassing or using coercive behavior to collect debt. They cannot threaten to garnish wages, seize property, or even contact an individual’s employer without written permission. Additionally, they are required to provide proof of the debt when asked and must stop all collection activities if there is a dispute. Finally, debtors can request the “Validation of Debt” letter, which requires the debt collector to provide the debtor with proof of the debt and information about the original creditor if it’s different from the debt collector. This helps debtors to understand what they are being asked to pay and allows them to properly challenge any incorrect or fraudulent debts.

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How can debtors protect themselves from debt collectors?

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