Legal Question in Credit and Debt Law in California

Harassing and abusive phone calls are violations of the Federal Fair Debt Collection Practices Act (FDCPA) and, in California, Rosenthal Fair Debt Collection Practices Act. If a debt is over 4 years old, you cannot be sued for it, in California. You should contact a consumer rights attorney that has experience in this area to go over your specific situation. Our firm has made a focus in this area and would be happy talk with you.

The statute of limitations for collecting on a credit card debt is generally four years from the date of the default. You may be close. Irrespective of the statute of limitations, yelling, swearing, and certain kinds of threats are not legal. I would recommend that you contact an attorney in your area who specializes in filing claims against debt buyers (collection agencies) who are violating the Fair Debt Collection Practices Act. That allows you to not only present a better defense to their eventual collection lawsuit, but it allows you to possibly recover damages for their harassment. Keep track in a journal of every call you receive, not the date, time, caller ID, if you can get a name, write it down. If not, keep notes about each conversation. DO NOT record any calls unless you advise the caller up-front that you are recording the call and they consent. Recording calls without permission is illegal, and would be inadmissible evidence.

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