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The Law Office of Hakimi & Shahriari
15760 Ventura Blvd., Suite 650
Encino, California 91436
Toll-Free: (888) 635 - 2250
(888) 635 - 2250
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Nothing on this site should be taken as legal advice for any individual case or situation. Every claim and potential legal claim must be viewed on its own merits. The information on this website is for general information purposes only. It is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Every situation and every client’s legal matter is different and this website is merely meant to provide information to the public. Nor does this website create an attorney-client relationship – such a relationship has not been formed unless a signed fee agreement has been made. If you want legal advice or want to know if you have suffered a legal wrong contact the attorneys at The Law Office of Hakimi & Shahriari at (888) 635 - 2250.
Unfair Debt Collection Practices - How an Attorney Can Help You
If you owe money but a debt collector makes a mistake in trying to collect that money you owe, you may have a case!
The Fair Debt Collections Practice Act (the "FDCPA") is a federal law that prohibits unfair debt collection practices. Debtor's rights lawyers will tell you that It limits what third-party debt collectors can do when collecting certain types of debt. These limits include the time of day and number of times contact can be made as well as the methods by which collectors can contact debtors. If the law is violated, a debtor can bring a suit within one year against the debt collection company and the individual debt collector.
The FDCPA is important to understand. It is not protecting you from personal debt collectors, such as your local hardware store or jewelry shop but rather it applies to third-party debt collectors. These types of debt include credit card debt, medical bills, student loans, mortgages and more covered by the law. Under the FDCPA, debt collectors are not allowed to contact debtors at inconvenient times such as before 8AM or after 9PM unless agreed upon otherwise.
Debt collectors can reach debtors at various places not limited to but including their home or place of work. A debt collector even has authority to contact relatives, neighbors, or associates of the debtor if the debt collector does not have contact information for the debtor himself. He must not reveal any information regarding the debt including that he is calling from a debt collection agency. However, if a debtor does not want to be contacted at his home or his place of work a debtor must tell the debt collector to stop either in writing or verbally. After contacting a debtor, a debt collector has a span of 5 days in which to provide a “validation notice” that must include (1) how much money is owed; (2) the name of the creditor the debt is owed to; and (3) what to do if you think the debt is not yours. Upon receipt you can dispute all or part of the debt or ask for more information if you are unsure.
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Debt collectors are authorized to make payment plans with a debtor if need be. However, a debt collector is not authorized to engage in unfair debt collection practices, meaning they cannot harass, threaten bodily harm, use profane language, lie or threaten to sue the debtor unless they are planning to take the debtor to court. One of the benefits of working with debtor's rights lawyers is that if a debtor hires an attorney, a debt collector must cease all contact with the debtor and contact the attorney instead. In telling a debt collector to stop contacting you, this does not prevent the debt collector from pursuing other legal ways to collect the debt. Be sure to check the statute of limitations on your debt, because debt collectors only have a certain number of years to sue you and win before the debt is “time-barred.”
In conclusion, the FDCPA prohibits debt collectors from harassing, threatening and repeatedly contacting a debtor. The act provides debtors with a way to challenge the validity of a debt.
IF YOU OR A LOVED ONE ARE BEING UNLAWFULLY HARASSED BY DEBT COLLECTORS, PLEASE CALL ATTORNEY ANOUSH HAKIMI AND ATTORNEY PETER SHAHRIARI OF THE LAW OFFICE OF HAKIMI & SHAHRIARI AT (888) 635 - 2250 FOR A FREE CONSULTATION. AT THE LAW OFFICE OF HAKIMI & SHAHRIARI WE WORK ON A CONTINGENCY FEE BASIS, SO YOU DO NOT PAY ANYTHING UNTIL WE ARE SUCCESSFUL IN YOUR CASE.