Anaheim Attorney Advises on Fighting Debt Collections
Decisive steps for debtors to stop creditor harassment
Whether you’ve made some questionable financial decisions or have just had a run of bad luck, you might find yourself being hounded by collection agents over debts you can’t repay. When you’re under this type of strain, you need effective relief. The firm of Marlin Branstetter Attorney at Law can help you end creditor harassment and work out a way to get a fresh start. Based in Anaheim, I represent clients throughout Southern California.
What to do if you are contacted by a debt collector
The first step in responding to a collection demand is to ascertain whether the debt is yours and the amount is correct. Debt collectors are often operating on inaccurate information. It’s also possible you’re the victim of identity theft, so the debt might be due to a fraudulent charge made in your name.
If the debt is yours, you shouldn’t hurry to send a token payment, even if the collector asks you to send whatever you can. California has a four-year statute of limitations for debt collection lawsuits, which starts on the date you miss your first payment. If your debt is old, the creditor’s deadline to collect might be fast approaching. If you send a payment, that statutory period resets and starts all over again.
Of course, ignoring the collector won’t make the problem go away. It might make the situation worse. A debt resolution attorney can provide the advice you need to decide how to resolve your problem.
Rules debt collectors must follow
Consumers have state and federal protections against abusive debt collectors. The primary source of protection is the Fair Debt Collection Practices Act which prohibits debt collectors from the following actions:
- Calling repeatedly to harass or annoy you
- Threatening you with physical violence
- Using obscene language
- Lying about the amount you owe
- Pretending to represent the government or an attorney
- Threatening you with arrest or legal action they have no intention of taking
- Making your debt public
Debt collectors must identify themselves immediately when they call and provide information to validate their identity. If a collector violates the FDCPA, you can sue for statutory damages.
Should you pay off a debt in collection?
If you have the means to address a legitimate debt, you should go ahead and pay it. However, if your overall indebtedness is crushing you financially, you need to devise a comprehensive plan. For unsecured debt, it is sometimes possible to negotiate a settlement, so you pay only a fraction of what you owe. For secured debt, such as a mortgage or an auto loan, you may be able to avoid losing the asset through foreclosure or repossession.
An Anaheim bankruptcy attorney can evaluate your specific circumstances to determine the best course of action.
The process for fighting debt collections
How to respond to debt collection depends on the circumstances. If the debt is not yours or is inaccurately stated, you have the right to dispute it. Within 30 days of receiving a written notice of the debt, you must send a written dispute to the debt collection agency. At this point, the debt collector must stop all efforts to collect until the collector sends you verification of the debt. If you miss the 30-day deadline, you can still contest the debt, but the collector can continue collection efforts.
If you owe the debt, you should consult an attorney to determine whether you should seek to settle for a reduced amount or should apply for relief through bankruptcy.
Contact an Anaheim bankruptcy lawyer for advice on debt collections
At the firm of Marlin Branstetter Attorney at Law in Anaheim, I help consumers end harassment by debt collectors. To schedule a time to speak with me, call 714-276-8589 or contact me online.