The Brachfeld Law Group, PC

If you have been contacted by a collection agency for a debt which seems unfamiliar to you carefully check your records to verify the the origin and amount before paying. The Fair Debt Collection Practices Act protects consumers from unfair collection tactics including threats harassment and collection of fictitious debts.~~This law also requires debt collectors to supply documentation to substantiate the debt upon request of the debtor. If they are unable to present the requested documentation you are not required to pay the debt. How to Deal With a Collection Agency If you are ever contacted by a collection agency you should know how to work with them what your rights and obligations are and you should be able to use this knowledge to close the matter to your best advantage. ~ ~Other practices prohibited by collection agencies are; collecting a debt by using physical force violence or any criminal means to cause harm to the reputation or property of you or anyone else or to you or anyone else personally; collecting or attempting to collect the expenses or anything such as interest or other expenses incidental to the main debt unless authorized by your agreement with the original creditor or otherwise permitted by law; publishing a list of debtors that discloses the existence or nature of a debt or advertising a debt for sale by naming you; publishing (except to a credit reporting agency or to someone else that the law allows) a list of persons who allegedly refuse to pay debts; obtaining from you an affirmation of a debt discharged in bankruptcy if you have been adjudicated a bankrupt unless they tell you in writing before they seek it that you are not legally obligated to make it; demanding money from you unless your debt has actually been assigned to them; collecting a debt by means of judicial proceedings if they know that service of process was not legally made; attempting to collect a consumer debt other than one reduced to judgment by means of judicial proceedings in some county other than where you incurred the debt or where you resided when the proceedings were filed or where you resided when you incurred the debt; and accepting a check postdated by more than five days unless they notify you (or the person giving the check) sometime between three and ten business days before they deposit it that they intend to deposit it. Otherwise they may not deposit it (or any other instrument) before the date on it. (They also may not solicit your postdated check or other instrument for the purpose of threatening or institution criminal prosecution.) ~~Your remedies if the collection agency violates the law are that should a collection agency violate California law (the California Debt Collection Practices Act) in collecting a debt from you you may file an action for actual damages you sustained because of their violation. In some cases the court may assess a penalty of between $100 and $1 000. If you prevail in the action you are also entitled to reasonable attorney's fees. (Conversely if the creditor prevails and the court finds that your prosecution or defense of the action was not in good faith they are entitled to attorney's fees from you.) ~Should a collection agency fail to comply with any requirement of the federal Debt Collection Practices Act they are liable for actual damages you sustained plus in an individual action a penalty of up to $1 000. A prevailing plaintiff may be awarded reasonable attorney's fees while a finding of bad faith in bringing the action on the part of the plaintiff may result in an award of attorney's fees to the prevailing defendant.