Bankruptcy Attorney Stockton - San Joaquin County Bankruptcy Lawyers
The FDCPA force collection agencies and their employees to follow specific rules when attempting to collect a debt. In particular, the law requires that collection agencies do the following:
Stop contacting you if you give them a written request to do so. Likewise, they are supposed to stop contacting you if you dispute the debt in writing.
Within five days of initially contacting you, the collection agency should send you a written notice that identifies the debt and the creditor. This notice must also notify you of you right to dispute the debt or to request the name and address of the original creditor if it is different than the name of the current creditor (if, for example, your account had been sold to another bank).
If you dispute part or all of the debt, the collection agency must stop attempting to collect on the disputed part of the debt until the creditor responds to your dispute.
If the collection agency wants to sue you (on behalf of the creditor) it must, in most cases, dos so in the same county or judicial district in which you now live or in which you originally signed the contract.
All of these rules are very helpful in reducing the abuse debtors sometimes get. In particular, the rule requiring collectors to leave you alone if you tell them to do so in writing can be helpful, if they obey the law. You can attempt to use this rule to buy yourself some peace while you try to get your financial life back in order. The hyenas might have you marked out as their pray, but the law allows you to keep them at bay with a simple letter stating that you dispute the debt or asking them to stop contacting you. Trouble, is the actual collectors often deny that they received such a letter, especially when you are dealing with a large company where the right hand often doesn’t know what the left hand is doing. They get away with breaking this law most of the time, since forcing compliance can be difficult.
If you are having financial hardship and are considering filling for bankruptcy, contact a Stockton bankruptcy attorney by calling (209) 475-0499 for a FREE confidential bankruptcy consultation.
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