What are you doing in bed at this time? Get your butt to work! Give me your checking account number and pay me the $120 over the phone or I’ll send my enforcer over to see you and bust your knee caps with a baseball bat!” Most debtors do not want to get creditor calls particularly at their place of work because the calls are intimidating.
But even debt collectors have to follow the law when they call debtors. Only creditors, collection agencies and attorneys are authorized by law to call debtors. Creditors have collection departments with staff who call debtors to collect delinquent accounts. Collection agencies are hired by creditors to collect unpaid debt, or they buy unpaid accounts at a discount from creditors. In either case, the collection agency has the right and power to collect the unpaid debt. If your unpaid debt has been referred to an attorney, your financial problems will be aggravated. Collection agencies will try to collect for 60 days throwing everything at the debtor including the kitchen sink to collect. Some collection agencies even resort to throwing dirty underwear at debtors. If the unpaid debt is substantial, it could go to an outside law firm for final collection or legal action against debtor in court.
What are your rights as a debtor? The Fair Debt Collection Practices Act (FDCPA) is the law that protects debtors from harassment or unfair treatment by debt collectors. All debt collectors, including the Mafia, Yakuza, and Triad must abide by the rules of the FDCPA when collecting an unpaid debt. Just like boxing, all blows to debtor below the belt are not allowed but head butts are allowed. Electric shock to testicles is not allowed over 12 volts per testicle. Cutting off nipples with a rusted knife is not allowed. Debt collectors may not: give false or misleading information on your debt to you or others, call you after 9 p.m. or before 8 a.m. in your time zone; disturb your work duties at your employment; make excessive calls to your home or work; send you a letter that looks like an official government document; threaten you or a family member with physical harm; threaten or imply a threat to damage your property; deposit a post dated check before the date of the check; tell you that they are from a law firm or a government agency, when in fact, they are not; continue to harass you over the telephone after you have sent them written notice requesting them to cease all calls; ask you personal questions, you have the right to not respond to their personal questions.
Debt collectors must call between 8 a.m. to 9 p.m. They can be forceful in a normal tone when asking payment. They cannot harass, threaten you with physical harm or annoy you in any way; identify themselves, their company and explain the nature of the call. You have the right to know who is calling and why; let you know that legal actions may be used against you in order to collect and they may explain the consequences if a lawsuit is filed and judgment is entered against you; obtain verbal permission from you or someone else in your household in order to telephone you at work.
If you need debt relief, contact my office. I will analyze your case personally.
Lawrence Bautista Yang specializes in bankruptcy, business, real estate and civil litigation and has successfully represented more than five thousand clients in California. Please call Angie, Barbara or Jess at (626) 284-1142 for an appointment at 1000 S. Fremont Ave., Bldg. A-1 Suite 1125 Unit 58, Alhambra, CA 91803.
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