Unfair Debt Collection  

Central California Unfair Debt Collection Attorneys

Both federal and state laws protect consumers from abusive, unfair, and deceptive practices by creditors, debt collectors, and attorneys. The laws define specific standards of conduct for debt collectors, restrict abusive collection practices, and provide penalties in the event of a violation. If you have received threats or abusive collection calls from a collection agency, contact William M. Krieg & Associates.

Some common violations of the federal and state Fair Debt Collection Practices Act (FDCPA) include:

• Intrusion of consumers' privacy and relationships
• Contacts at unusual or inconvenient times and places
• Misrepresentation as a debt collector or misrepresenting that legal action will be taken if it is untrue
• Contacting friends, neighbors, relatives, and employers, without the consumer's consent
• Harassing, threatening, and abusing consumers
• Using obscene, profane, or abusive language

You have the right to demand that debt collectors stop all collection contacts. The federal and state laws also require debt collectors to deal with your attorney, if you have one, and request verification of the existence, legality, or amount of the debt they are attempting to collect.

Debt collectors are required to send you a "Validation Notice" allowing you to dispute the debt within 5 days of the first contact. California law requires that a second notice be provided to you, giving you information about what a debt collector can and cannot do.

Debt collectors may try to collect on debts that are old or on which the statute of limitations has passed. Although this may not be illegal, the debt collector cannot threaten you with a lawsuit. Remember that you may be re-starting the statute of limitations or validating the debt if you make any further payments on a time-barred debt.

Debt collectors often violate these provisions of the Act and California law. There are more complaints by consumers to the Federal Trade Commission about debt collectors than any other industry. Debt collectors can be prosecuted for malicious or reckless abuse.

Consumer Protection Attorney William Krieg Can Help

Contact William M. Krieg & Associates for a free consultation with an experienced unfair debt collection lawyer.