San Bernardino Creditor Laws
San Bernardino creditors are bound by federal and state laws when it comes to collection practices and the treatment of debtors that they contact for purposes of collection. Californians, including those who live in San Bernardino County, are protected by the Federal Fair Debt Collection Act and the California Rosenthal Act. These two pieces of legislation were designed to protect consumers from unethical debt collection practices. Among the types of debt collection practices that are prohibited, these are some of the more common types of abusive collection:
- Repeated, harassing telephone calls – typically one right after the other, even after you’ve asked the creditor to stop calling
- Threatening letters – letters which threaten to sue, garnish your wages, or other legal actions that the creditor either cannot take, or does not plan to take
- Threatening language – swearing, yelling, or other abusive behavior over the phone
- Calling at unreasonable hours – either very early in the morning or very late at night
Creditors who use these types of debt collection practices count on consumer ignorance with regards to their rights and the limits placed upon creditors in their attempts to collect a debt. Other limitations that some creditors choose to ignore include the automatic stay put into place when you file for San Bernardino bankruptcy. Once the creditor knows you have filed, it is illegal for them to contact you about the debt. And if your bankruptcy is properly discharged, and the creditor’s debt is included in that discharge, then that creditor may not contact you regarding payment for that debt, regardless of what you owed when it was discharged.
Debt collectors who violate these laws are subject to legal action in return. You have the right to sue them for these violations, and depending upon the circumstances, you may be entitled to recover damages as a result. Fair debt collection laws are put into place to help the consumer, not limit the ability of a reasonable creditor to collect on a debt. Therefore, if you are mistreated by a creditor, it is not your fault – contact our San Bernardino Bankruptcy firm today and schedule a free initial San Bernardino Bankruptcy case evaluation. If your rights have been violated as a result of the creditor’s actions, you may be able to sue and recover damages. We will work with you, and help you to understand how your legal rights can be best protected from creditors who choose to ignore creditors’ laws.