Legal Question in Credit and Debt Law in California
Collections
I have been called over 20 times a day from my loan company re: my late payment. I was recently called and yelled at and told i would be called everyday until i paid the payment. I told her i woud pay that i also would be sending them a letter to quit calling. She said she was sending me to their credit dept. Does she have to say the mini miranda and also does she have the right to yell and scream,ask me if im working and tell her why my other bills were more important then theirs or even let me know she was terminating the call?
3 Answers from Attorneys
Re: Collections
Another view: Even though the FDCPA does not apply, California state law does. It appears they would be in violation of that statute.
I would be willing to discuss some of the issues concerning your case to see how I may be of assistance.
I offer prospective clients an initial consultation of 30 minutes for free.
I look forward to speaking with you.
Yours truly,
Bryan
Bryan C. Becker, Esq.
Principal
Law Office of Bryan C. Becker
The Koll Center
501 W. Broadway, Suite 800
San Diego, CA 92101
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Member, National Association of Consumer Advocates
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Re: Collections
From the facts given, the creditor at issue appears to be in serious violation of the FDCPA, and you have strong rights and remedies that can be asserted. You should retain legal counsel to specifically go over your options and/or draft and send a legal cease and desist letter to the creditor to further preserve and assert your rights.
Re: Collections
The FDCPA does not apply to the original creditor. It only applies to the collection agency. If this is the loan company who gave you the money, then they are not in violation and do not have to give you the "mini miranda." However, you should refinance the loan with a different company if they continue to treat you this way.
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