Stop Collection Calls and Debt Harassment in California
CreditLaw.com provides legal services to consumers in Pennsylvania, New Jersey, Massachusetts, Maryland, Delaware, New York, Ohio, Connecticut, Tennessee, Texas, Arkansas, Oklahoma, Colorado, California, and New Hampshire. If a particular debt collector is located in a state where we practice, we can sometimes help consumers in other states as well. Collections agencies have to follow federal laws when it comes to collection calls, and in many cases there are additional state laws that expand on these regulations. To avoid any confusion, we broke down fair debt collection laws by state. In this case, we will discuss California.
In 1978, a federal law was passed that protects consumers from debt harassment and other forms of deception or abuse by a debt collector. The Fair Debt Collection Practices Act (FDCPA) is a set of guidelines that debt collectors must follow, which includes the following rules:
- Debt collectors cannot use obscene or profane language.
- Debt collectors must announce their name or the name of the agency for which they work
- Debt collectors cannot use envelopes that indicate they are from a collection agency in an effort to protect the identity of the person who owes money
- Debt collectors can only place phone calls between the hours of 8 am – 9 pm
All California residents are protected under the FDCPA, but every state has its own debt collection laws that expand on the Act. For example, the statute of limitations (how much time a creditor or collector has to collect the debt) is different from state to state. In California, the statute of limitations is as follows:
- Open accounts: 4 years
- Written contracts: 4 years
- Oral agreements: 2 years
- Promissory notes: 4 years
It is important for California residents to know their rights under the FDCPA as well as the statute of limitations in order to protect themselves from debt harassment. The best way to stop collection calls is to contact an experienced attorney who will fight for your rights as a consumer and get the compensation you need and deserve.
