Legal Question in Credit and Debt Law in California

If deditor writes to their creditor with regards to the status of their account and arranging payment solutions and askes them respond in writing and further explaning that telephonic communication would not be aceptable in this regard, is the creditor required to oblige??


Asked on 12/01/09, 12:28 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Not really. You should review both the State of California and Federal Fair Debt Collection Practices Acts, which provide for a number of protections for debtors who owe money on consumer debts. There is, however, virtually no way under those laws to prohibit oral communications by debt collectors. You can advise them that they cannot call you at your place of employment, however, a total "do not call" instruction to them is generally not enforceable. Do some research on these two acts, and you'll be able to learn what you can do to help minimize their intrusions into your life. BTW - my experience is that you will not be able to negotiate any type of settlement of the debts without actually speaking to them on the phone. They are simply not equipped to negotiate repayment arrangements in writing.

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Answered on 12/07/09, 12:23 pm


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