What rights do I have when dealing with debt collectors?
In California, when dealing with debt collectors, you are protected by the Fair Debt Collection Practices Act (FDCPA) which outlines your rights. First, debt collectors cannot contact you outside of the hours of 8:00 AM-9:00 PM. They also cannot contact you on Sundays or any other day that is recognized as a legal holiday. They also need to provide you with a warning that they are debt collectors and any information they receive will be used to try and collect the debt. Additionally, debt collectors are not allowed to harass or threaten you in any way. This includes using abusive language, repeatedly calling you, or using profanity. They also cannot contact you at your place of employment. If you wish to stop communication from the debt collector, you can enter a written request for them to cease communication. After the request is made, the debt collector is prohibited from contacting you except to tell you that they are stopping collections, or that they may or will take a specific action, such as filing a lawsuit. If the debt collector violates the FDCPA, you may be able to sue them in court. You may be able to receive damages if the debt collector did something illegal. Additionally, you may be able to receive the costs of filing the lawsuit, as well as attorney’s fees. It is also important to know that you are not responsible for any debt that is not yours or for any debt that is time-barred, meaning the debt was incurred more than four years ago. Overall, dealing with debt collectors can be a difficult experience. Knowing and understanding your rights, according to the FDCPA, can help protect you from possible abuse or harassment.
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