California Firm Protects Clients from Abusive Debt Collection Practices
Skilled lawyer asserts your consumer rights against creditors in the San Diego area
Whether you owe a debt you are unable to pay or are being mistakenly targeted by collection agencies, it's important to know you have rights. Creditors’ harassing and abusive collection techniques are more than unpleasant — they are illegal. At Curry Advisors, A Professional Law Corporation, we protect debtors in the San Diego area and throughout California from aggressive creditors and collection agencies whose actions violate their rights under the law. We also represent people whose debt exceeds their ability to repay them in a timely manner by advising on bankruptcy or working with creditors to set up schedules or modifications that help clients meet their obligations. With extensive knowledge of consumer and debtor rights as well as the laws governing debt collection, we will work to end harassment and help you find relief.
Proven advocate explains your rights under the Fair Debt Collection Practices Act
The practices involving debt collection are governed by state and federal laws. When creditors violate these laws, they may be held accountable. The Fair Debt Collection Practices Act (FDCPA) prohibits creditors from collecting debt through these illegal actions:
- Harassment — Debt collectors are legally prohibited from acting with harassing behavior, including:
- Threatening you with violence
- Publishing your name
- Using obscene or profane language
- Calling you repeatedly to annoy you
- False statements — Debt collectors are legally prohibited from lying, including:
- Falsely representing themselves as attorneys or government agents
- Claiming you owe more money than you do
- Misrepresenting that the nature of documents they send you are legal if they are not or not legal if they are
- Stating that you will be arrested
- Saying that they will seize assets unless they are legally permitted to do so
- Threatening to take legal action if they lack legal grounds or do not intend to do so
- Deception — Debt collectors are legally prohibited from using deceptive means, which include:
- Sending you a document designed to appear as if it is from a court or government agency when it is not
- Providing a third party with false credit information about you
- Using a false name
- Unfair practices — Debt collectors are legally prohibited from engaging in unfair practices such as:
- Collecting fees or interests not authorized by law or contract
- Depositing a post-dated check prior to the date indicated
- Illegally taking property
- Contacting you by postcard
If you have been subjected to any of these prohibited actions by a collection agency or creditor, we will take action to stop it and seek injunctive relief when possible.
Skilled litigator holds creditors accountable through lawsuits
If a creditor violates your rights under the FDCPA or other California and federal laws, you may have a cause of action. We will analyze whether additional consumer protection laws have been violated, guide you in the collection of evidence and establish a case against the abusive debt collectors. While we put an end to the harassment, we can also assess your debt to determine whether debt negotiations or bankruptcy may be options for the long-term resolution of your financial troubles.
Contact a California debt collection defense attorney for help
Curry Advisors, A Professional Law Corporation in San Diego represents clients throughout California in debt collection defense matters. Contact Curry Advisors online or call us at 619-238-0004 to schedule an appointment.