Lancaster Creditor Harassment Lawyers
At first, an unpaid bill just leads to a second notice in the mail. Next, you start receiving calls from your creditor or a collection agency. You tell them you cannot pay. They do not listen. The calls start to increase in frequency. Their tone becomes more ominous and threatening. At a certain point, you start to feel trapped and uncertain what to do next.
One thing you can do is contact a Lancaster creditor harassment lawyers. Wadhwani & Shanfeld is a southern California law firm that specializes in providing debt relief services to individuals who are facing non-stop phone calls and other forms of creditor harassment. Lead attorneys Raj Wadhwani and Greg Shanfeld are Board-certified bankruptcy specialists who can review your financial situation and advise you of your rights under the law. You never have to simply set back and accept creditor harassment without fighting back.
What Can You Do to Stop Debt Collectors from Harassing You in California?
Federal and California state laws govern the practices of third-party debt collectors. As a consumer who may owe money, you have certain rights. These include:
- Stop Contact: You can tell a debt collector to stop communicating with you. All you need to do is send a letter to the debt collector telling them to stop. The debt collector must honor this demand, although they can contact you once more to acknowledge your demand.
- No Harassment: Contrary to what debt collectors may tell you, they are not allowed to engage in harassment. They cannot repeatedly call you in an attempt to annoy you. And they cannot use obscene language or threaten you with violence or criminal prosecution.
- No Early Morning or Late Night Calls: Debt collectors may not call you before 8 a.m. or after 9 p.m.
- No Public Facing Social Media: A creditor or debt collector cannot harass you on social media–i.e., they cannot publicly demand you pay a debt by posting to your Facebook account. A debt collector may be allowed to send a private message, however, so long as they identify themselves as such.
- Ban on False and Misleading Statements: A debt collector cannot lie or use deception to try and collect a debt. For example, they cannot misrepresent how much you owe. Nor can they claim to act on behalf of a government agency like the IRS if they are not.
- Right to Verification: If you do choose to speak with a debt collector, you always have the right to seek verification of that debt. Keep in mind, California has a four-year statute of limitations on most consumer debts.
Finally, if you decide to file for Chapter 7 or Chapter 13 bankruptcy, that triggers an “automatic stay” that forbids any creditor or debt collector from pursuing collection activities outside of the bankruptcy process.
Contact Wadhwani & Shanfeld Today
Nobody should have to live with the stress and fear of creditor harassment. If you are having trouble paying your debts and need legal advice, we can help. Contact Wadhwani & Shanfeld to schedule a consultation with our creditor harassment lawyers today.
