California Collection Agency Collects Debt

IEven though the state of California has an extremely diverse population demographically, many life experiences can form a common bond between the varying types of personalities throughout the state. Some of these experiences are delightful, however, some of these shared experiences are marred by stress. One of the stressful situations that seems to bonds Californians is the experience of dealing with California debt collectors.

When dealing with the already stressful situation of incurring a debt, a Californian consumer needs to be familiar with their legal rights. In attempting to collect a debt, some California debt collection agencies have a tendency to blur the line of legality in their undying pursuit of collecting a delinquent account. Barring a select few, most California debt collectors resort to excessive methods of harassment that can ultimately compound a debtor’s headache. In order to combat any illegal methods of harassment that a California debt collection officer may employ, one should familiarize themselves with the guidelines of what a collector can, and cannot do according to federal and state laws.

In California, when a debt collector calls an indebted party over the phone, that California debt collector does not have to inform the debtor beforehand with a written letter. Thus, in most cases, when a California debt collections agency attempts to make first contact with an indebted individual, the process is usually consummated by a telephone call. However, if the California debt collector neglects to send a formal letter stating the amount one owes and to what company within five days of making the first call, then that California debt collection company is breaking the law. Furthermore, if that written notice does not entail how one can go about filing a claim disputing the amount owed, then this failure to comply would also be breaking the law.

When a California debt collection agency finally gets a hold of an indebted party, the California debt collector must state his or her name and tell you what company they are working for. If the collector does not take this step, then doing so is breaking the law. In addition, if any California debt collectors should, in fact, mislead an indebted party by giving any false information, this also is breaking the California Fair Debt Collection Practice - Civil Code Section 1788-1788.3.

If, when making phone calls to a debtor, the collection agency goes overboard by harassing an individual with repeated phone calls, a Californian shall maintain the right to have such a bombardment desist. If such harassment occurs, then the debtor may write a letter instructing the collection agency to stop calling. In the letter, one must state that they do not want the agency to call between 9:00 am-8:00 pm (the legal hours wherein a collection agency may call) and the collector must grant the request or otherwise risk breaking the U.S. Fair Debt Collection Practices Act. Although debt collection agency must adhere to an indebted individuals request of ceasing phone harassment, this does not negate the outstanding debt.

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