Legal Question in Credit and Debt Law in California

Re: Collection Agency Slander

Thank you for your inquiry.

The law that protects you from illegal actions against a collection agency is the Federal Fair Debt Collection Practices Act (15 U.S.C. 1601 et seq.) Under that act, you can contact a creditor or collection agency in writing and ask them not to contact you, or contact you only in certain terms (writing only, or only at work, etc).

Debt collectors CANNOT:

� Contact you by phone before 8:00 a.m. or after 9:00 p.m.;

� Fail to state: the agency�s name, address, and phone number; the creditor�s name, the amount owed, interest owed;

� Attempt to or collect more than is owed;

� Use any language that is obscene, abusive or profane;

� Call constantly so that they deliberately annoy or disturb you;

� Threaten to sue you or garnish your wages, unless they intend to actually take this action;

� Threaten to ruin your credit;

� Threaten to send a Sheriff to your house to have you arrested or your property seized;

� Threaten to take any action that they cannot legally take;

� Discuss your debt with third parties, or reveal to them that they are calling from a collection agency that you owe a debt;

� Insult you or a third party;

� Use phony documents that appear to be from a law office or government agency;

� Contact you at work if the collector is aware that your employer prohibits such calls;

� Contact you after you have advised a collection agency in writing to stop.

Courts have not been particularly against collection agencies making false statements, in fact aside from free speech considerations, and the considerations above, it may be allowed.

I hope this answer helped, but if you have additional questions, want more information, or feel you need representation, please feel free to email me directly at [email protected]. I'm happy to help in any way that I can, and best of luck to you.