California Debtors Rights
Posted on
July 29, 2009
at
11:50 pm
What is California debtors rights? You mean it's not the same with the rest of the country?
Posted on
July 30, 2009
at
12:04 am
The California debtors rights require debt collectors to provide or send the consumer a notice describing their rights under the California Rosenthal Fair Debt Collection Practices Act and the FDCPA., and the notice must state that:-The debt collectors may not contact the consumer before 8 a.m. or after 9 p.m. -They may not harass or threaten the consumer with violence or arrest or by using obscene language.
ck Rep Points:
Posted on
July 30, 2009
at
12:15 am
To add to x and y:-Collectors may not use false or misleading statements or call you at work too especiall if they know that you can't receive personal calls at work.-The debt collectors may not also not tell another person, other than your attorney or spouse, about your debt The Collectors basically may not disclose or discuss your financial situation with anybody--including other banks.
Posted on
July 30, 2009
at
12:19 am
I think part of the debtors rights in California is all of those mentioned, not only applies to collection agencies, but also to original creditors and lenders.
Posted on
July 30, 2009
at
12:28 am
The FDCPA does not apply to all creditors, I think American Express and Visa and some other banks are excluded from coverage by the FDCPA in other states, but in California debtors rights are protected by California Rosenthal Fair Debt Collection Practices Act, as x and y has said. Are you in need of debt advice? Have you been getting collection calls? Are you from California?Feel free to fill out one of the forms here at destroydebt.com and speak with a debt consultant for free. That is if you don't feel comfortable disclosing your financial issues in the threads.
Posted on
July 30, 2009
at
12:35 am
No not yet, but I have lived outside of California for several years, and now that I'm back here--I all of a sudden remembered an old debt...I just want to know what my rights are, in case I receive collection calls for that old debt. What happens if the collectors violate those said laws?
Posted on
July 30, 2009
at
12:42 am
Well you can sue them..and they'd be forced by the court to pay you $1,000 in statutory damages plus remuneration for legal fees and other costs and damages.
Posted on
July 30, 2009
at
12:47 am
Okay since you did not mention how long ago your debt was, if you receive collection calls, do check first if the statute of limitations has already expired on your debt.The SoL for California is:Written agreements: 4 years, calculated from the date of the breach.Oral agreements: 2 years.
Posted on
July 30, 2009
at
12:51 am
Just a reminder, whatever the collectors say or do, if they haven't yet verified your debt in writing, do not admit to it, nor promise that you are going to pay for it.After they first contact you via the phone usually, they have to send you a written notice too within 5 days after that call, and that notice contains the amount of debt that you owe, your creditors, and what you can do to have that debt verified.
Posted on
July 30, 2009
at
2:36 am
I am receiving calls ALL THE TIME even if it's seven in the morning when i've just woken up! Isn't that ILLEGAL??? I know that there are rights to these kinds of things and it's really CRAZY knowing how screwed up these debt collectors are! Fine i know i owe a $25k debt but PLEASE, can;t they respect the little privacy that i have?
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