Law Office of Judith A. Descalso Law Office of Judith A. Descalso

Restrictions on creditors in California

Whether they like it or not, some Escondido residents may come into contact with collection agencies at some point in their lives. Creditors are often willing to work with a borrower, to a certain extent, if a financial hardship arises, but if no solution is in sight, they will often turn to collection agencies to attempt to recover some of the debt that is owed.

Short of a bankruptcy filing, many of our readers may think that there isn't much to be done about contact from collection agencies. But that isn't the case. Debt collection agencies have to abide by certain rules and regulations that have been promulgated by law.

First, a collection agency and its employees are prohibited from using profane or obscene language in their communication efforts with a borrower. This is part of an overall requirement that the collection agencies cannot engage in conduct that would be deemed purely for "harassment" purposes.

Next, when a collection agency contacts a borrower, the collection agency must notify the borrower as to what account is at issue. Specifically, they must note how much is owed and to whom.

Many people may get calls from creditors and collection agencies, seemingly at all times of day. However, under the law these agencies may only call between the hours of 8:00 a.m. and 9:00 p.m. But, there is no limit on how many calls the collection agency can make, as long as the calls are not so frequent that they would be considered harassment. A borrower can also request that the agency contact them through the mail.

If you believe that a creditor is harassing you or if you want to understand your debt relief options, it is important to obtain information so you can make an informed decision. Seeking legal guidance could help you better understand your situation and take appropriate action.

Source: oag.ca.gov, "Your Rights Under California's Fair Debt Collection Practices Act," Accessed March 15, 2015

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