Legal Question in Credit and Debt Law in California
I have a credit card debt with a judgment for approximately $7K against me. I have been unemployed for a year and do not have the means to repay the debt. Recently the law firm that filed the judgment against me on behalf of the credit card company has begun to call and harass me again for repayment of the judgment, as well as my husband. Are they permitted to continue to call and harass me and my family members?
3 Answers from Attorneys
You did not say what they did to "harass" you. Certain types of debt collection practices are prohibited by law and would give you the right to sue the law firm if they engaged in those practices. Search for [FDCPA]. However, once a judgment is obtained, the judgment creditor is permitted to drag you into court every now and then, and to otherwise demand that you supply information, under oath, about your and your husband's income and assets. Depending on your financial situation and other factors you could be eligible to have this and other debts wiped-out in a bankruptcy. After you look up the types of collection practices that are prohibited, you might want to sit down with a bankruptcy lawyer in your locality. Even if bankruptcy is not an option for you, bankruptcy lawyers are experienced in consumer debt issues and the lawyer you consult in person might have some insight into your situation.
.I agree with Michael's analysis and advice. As Michael suggests go see a bankruptcy lawyer because they can legally do more things to harass you than simply calling you.
Good luck.
I sue debt collectors for violating the Fair Debt Collection Practices Act. A debt collector may not contact family members about your debt.