Aggressively Advocating For Clients Since 1981

Improper Debt Collection Practices Attorneys Standing Up For Consumers Throughout California

The Fair Debt Collection Practices Act (FDCPA) is intended to prevent abusive debt collection practices and provide consumers with a method for disputing or determining the accuracy of a debt. Debt collectors will often attempt to collect debts that have already been paid or discharged through bankruptcy. If the communications from a debt collector become harassing or threatening, you can file a claim for improper debt collection practices.

Improper debt collection practices include the following:

  • Trying to collect a debt that was paid or discharged
  • Trying to collect from an individual that does not owe the debt
  • Harassing communications
  • Threatening to take illegal action
  • Making false statements or misrepresentations
  • Failing to disclose information about the debt or verify the debt
  • Improperly sharing information

If you have questions about your rights or want to learn more about how our attorneys at Cohelan Khoury & Singer can help you, contact our office in San Diego to schedule a free consultation.

Answers To Common Questions About Debt Collection And Debtor Rights

Below, we have addressed some questions you may have about the FDCPA.

What kind of debts are covered under the FDCPA?

The Fair Debt Collection Practices Act applies to many types of debt, including mortgages, student loans, medical bills, auto loans and credit card debts.

Can debt collectors contact me at any time or any place?

No, they can’t. Under the FDCPA, debt collectors can’t contact you at inconvenient times or places. Debt collectors can’t contact you before 8 a.m. or after 9 p.m., and they also can’t contact you at work if you tell them you can’t receive calls while you are there.

What information do debt collectors have to tell me about the debt they are pursuing?

Debt collectors have to send you a written “validation notice” within five days of first contacting you. The notice must tell you:

  • The total amount of money you owe
  • The name of the creditor pursuing the debt
  • Steps to take if the debt doesn’t belong to you

As a general rule, it is always a good idea to review things in writing before agreeing to make payments. This is especially true if the debt is old or doesn’t seem familiar to you.

Questions About Your Rights? Get Answers In A Free Consultation.

If you believe you have been subject to improper debt collection practices, please reach out to Cohelan Khoury & Singer and schedule your free consultation today with one of our attorneys to discuss your rights. You can call our San Diego office at 888-652-2201 or contact us online. We serve clients throughout California.