Improper Debt Collection Practices Attorney

Standing up for Consumers Throughout California

The Fair Debt Collection Practices Act (FDCPA) is intended to prevent abusive debt collection practices and provide consumers with a method for disputing or determining the accuracy of a debt. Debt collectors will often attempt to collect debts that have already been paid or discharged through bankruptcy. If the communications from a debt collector become harassing or threatening, you can file a claim for improper debt collection practices.

Improper debt collection practices include the following:

• Trying to collect a debt that was paid or discharged
• Trying to collect from an individual that does not owe the debt
• Harassing communications
• Threatening to take illegal action
• Making false statements or misrepresentations
• Failing to disclose information about the debt or verify the debt
• Improperly sharing information

FAQ: Debt Collection

Question #1: What kind of debts are covered under the FDCPA?

A: The following debts are covered under the FDCPA:

• Mortgage
• Student loans
• Medical bills
• Auto loans
• Credit card debt

Question #2: Can debt collectors contact me at any time or any place?

A: Under the FDCPA, debt collectors can’t contact you at inconvenient times or places. Debt collectors can’t contact you before 8 a.m. or after 9 p.m. and also can’t contact you at work if you tell them you can’t receive calls while you are there.

Question #3: What information do debt collectors have to tell me about the debt they are pursuing?

A: Debt collectors have to send you a written “validation notice” within five days of first contacting you. The notice must tell you:

• The total amount of money you owe
• The name of the creditor pursuing the debt
• Steps to take if the debt doesn’t belong to you

If you believe you have been subject to improper debt collection practices, please reach out to Cohelan Khoury & Singer by calling (800) 724-4157, or contact us online. Schedule your free consultation today with one of our attorneys to discuss your rights.