Irvine Creditor Harassment Attorneys

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If you're dealing with harassing phone calls and constant contact from your creditors, we may be able to help. Mounting debt can prove stressful for individuals and companies alike, and you shouldn't have to endure harassment that only adds to that stress. At The Law Offices of Joseph M. Tosti, APC, we believe in working hard for our clients who have come upon financial misfortune. For over 30 years, we have been able to bring successful conclusions to thousands of cases. Based in Irvine, we proudly offer Spanish language services and free consultations with a bankruptcy attorney. If you're prepared to move towards a solution to your problems, our law office is the firm for you.

At The Law Offices of Joseph M. Tosti, APC, we let our clients know that creditor harassment is illegal. In fact, the Fair Debt Collection Practices Act (FDCPA), a federal law, was put in place to protect consumers from being harassed and prohibits certain debt collector behavior. If you are being contacted by debt collectors, you should understand what they're legally required to do, and what they're legally prohibited from doing.

According to the FDCPA, debt collectors are required to:

• Identify themselves as collectors each time contact is made with the consumer
• Inform the consumer that he/she can dispute the debt with the creditor
• Give the consumer the name of the original creditor
• Provide the consumer with proof of the debt

Debt collectors are also prohibited from doing certain things when making contact with consumers, including calling during the early morning or late evening, calling repeatedly, and contacting the consumer at their place of employment or after they've filed for bankruptcy. If you believe that you are being harassed by a creditor, reaching out to a competent creditor harassment attorney in Irvine should be a top priority.

What Is Considered Creditor Harassment?

Creditor harassment refers to the abusive or unfair practices employed by creditors or debt collectors when attempting to collect a debt. In California, there are laws in place to protect individuals from such harassment.

Here are some examples of what is considered creditor harassment:

• Excessive or persistent phone calls: Creditors or debt collectors cannot excessively or persistently call you to collect a debt. They should not engage in a pattern of repeated phone calls with the intent to annoy, harass, or intimidate you.
• Threats or intimidation: Creditors cannot threaten you or engage in intimidating behavior to coerce you into paying a debt. This includes threats of violence, arrest, legal action, or other actions that they do not have the legal authority to take.
• Use of abusive or offensive language: Creditors or debt collectors must communicate with you in a respectful and professional manner with discussing your debt.
• Misrepresentation or deception: Deceptive tactics are not allowed when collecting a debt. They may not misrepresent themselves or falsely represent the amount owed, and the consequences of non-payment. They are also prohibited from falsely implying that they are attorneys or government officials.
• Disclosure of debt to third parties: Creditors or debt collectors cannot disclose information to family, friends, or employers. They may only contact them to obtain your contact information.
  Contacting you at inconvenient times: You may not be contacted early in the morning or very late at night unless you have provided them permission to do so.

What Should I Do If a Creditor Is Harassing Me?

If you believe you are experiencing creditor harassment, it is important to document the interactions and seek legal advice. You may be entitled to take legal action against the creditor or debt collector for violating the FDCPA or RFDCPA.

Talk to a Skilled Lawyer Today

Consulting with an experienced attorney who specializes in debt collection practices can provide you with guidance and help you understand your rights. They can assist you in taking appropriate steps to stop the harassment and potentially seek damages for any violations.

At The Law Offices of Joseph M. Tosti, APC, we offer a free consultation to discuss your situation and provide legal assistance if you are facing creditor harassment in Orange County. With our experience and knowledge of debt collection laws, we are dedicated to protecting your rights and providing effective representation. Contact us to schedule a consultation and learn how we can assist you.