Debt collection Poway CA

COLLECTIONS

Debt collection law primarily refers to regulation of the debt collection industry at both the federal and state levels of government. At the Federal level, it is primarily governed by the Fair Debt Collection Practices Act ("FDCPA"). In addition, many states also have debt collection laws that regulate the credit and collection industry and give consumer debtors protection from abusive and deceptive practices.

The FDCPA prohibits harassment or abuse in collecting a debt such as threatening violence, use of obscene or profane language, publishing lists of debtors who refuse to pay debts, or even harassing a debtor by repeatedly calling the debtor on the phone. Also, certain false or misleading representations are forbidden, such as representing that the debt collector is associated with the state or federal government, stating that the debtor will go to jail if he does not pay the debt. This Act also sets out strict rules regarding communicating with the debtor.

The FDCPA applies only to those who regularly engage in the business of collecting debts for others -- primarily to collection agencies. The Act does not apply when a creditor attempts to collect debts owed to it by directly contacting the debtors. It applies only to the collection of consumer debts and does not apply to the collection of commercial debts. Consumer debts are debts for personal, home, or family purposes.

According to the FDC PA, when a collector contacts a debtor and the debtor asks for verification of the debt, the collector must provide this verification in writing. The debtor must include the amount of the debt, the name of the creditor, and the debtor’s right to dispute the debt. The collector is restricted in the type of contact he can make with the debtor. He cannot contact the debtor before 8:00 a.m. or after 9:00 p.m. He can contact the debtor at home, but cannot contact the debtor at the debtor’s club or church or at a school meeting of some sort. The debtor cannot be contacted at work if his employer objects. If the debtor tells the creditor the name of his attorney, any future contacts must be made with the attorney and not with the debtor. The debtor can call off the collection contacts at any time. The collector would then have to use other collection means like filing suit.

The FDCPA prohibits contacting other people about the debtors debts, with the exception of the debtor’s spouse and parents. Another exception is that third parties ca...