Irvine Debtor's Rights Lawyers
Speak to Our Trusted & Knowledgeable Legal Professionals
At Guardian Litigation Group, LLP, our firm was built on the vision of defending struggling debtors from aggressive creditors and collectors. Our reputable lawyers have successfully represented clients in courts across the country, and we understand that you likely have many questions and no idea what to do next if you’re getting calls from creditors and debt collectors. We handle thousands of cases just like yours each year, and we would be happy to guide you through the legal process and help you understand all of your options so you can make informed decisions to address overwhelming debt.
Fair Debt Collection Practices Act
Under the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA), debtors are protected against aggressive and predatory collection tactics. Unfortunately, many collectors do not abide by these regulations and choose to violate debtor's rights. Violations of these laws can result in the debt collecting organization losing its membership and certification with ACA International. Debtors can also file lawsuits, and if successful, can be awarded a minimum of $1,000 in statutory damages, as well as attorney’s fees.
Debtors Rights in California
Debtors in the state of California have the following rights if they owe money to creditors:
- The right to ask for verification of the debt from debt collectors
- The right to not endure abusive or harassing debt collection practices
- The right to have a judge determine if the debt is owed before creditors can seize bank accounts, garnish wages, or take other actions to recover money or tangible assets
Common Violations of Debtor's Rights
We help clients take legal action for the following violations of the FDCPA and TCPA. Note that this is not a complete list of potential violation, but rather to most common cases our firm handles:
- Harassing calls from creditors or collectors before or after the hours of 8 A.M. and 9 P.M.
- Creditors attempting to collect a greater amount than what the debtor actually owed
- Failure to send the consumer a written notice of the debt that includes the official name of the creditor, the total amount of debt owed, and a notification that the debtor has the right to validate or dispute the debt within 30 days
- Contacting third parties to discuss your debt
- Collection agents refusing to identify themselves and what creditor they represent
- Ignoring a debtor's written request that the collections agency cease communication
- Creditors using obscene or aggressive language, threatening to call the police, threatening to inflict harm, and other harassing behavior
Debt Settlement Might Be an Option for You
If you have found it difficult to keep up with payment obligations to your creditors, you should reach out to our legal team so we can determine if you qualify for a debt settlement program. Debt settlement, also called debt relief or debt resolution, is a process designed to assist individuals in financial hardship who are struggling to make payments to their creditors. Debtors who qualify for debt settlement can set aside funds each month to negotiate down the balances owe one by one, until the individual is debt-free.