Legal Question in Credit and Debt Law in California

I live in California. Can a collection agency representing an old credit card take you to Superior Court to collect for them? Also, how often are these people allowed to call you in a day? Can my Social Security check be attached?


Asked on 3/14/11, 12:12 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

The collection agency is likely a debt purchaser and now owns the debt. You can raise the issue of standing to sue you, however, it is pretty easy for them to overcome.

The Fair Debt Collection Practices Act and the California companion Rosenthal Fair Debt Collection Practices Act govern collection activity. How often they can call depends on several factors, including whether or not you are actually answering the calls.

Social Security cannot be attached directly, however, once in your hands (with a narrow exception), the money from Social Security can be levied. If, however, your social security check is electronically deposited into a bank account, that bank account has some limited protection from attachment by a creditor. They cannot, however, touch your money until they have a judgment.

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Answered on 3/14/11, 12:18 pm


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