At Golden & Cardona-Loya, LLP, our debt collection attorneys in Chula Vista, San Diego, CA understand the stress and anxiety of falling behind financially.
The demand letters, the phone calls, the constant worry that your paycheck will be garnished, or your bank account emptied by your creditors is often too much to handle on your own. We know that if you are already behind on your bills, you cannot afford to have your financial livelihood interrupted by collections.
Our debt harassment attorneys in Chula Vista, San Diego, CA want each of our residents to know you have debt collectors' rights. The Fair Debt Collection Practices Act is the main federal law that governs debt collection practices and prohibits debt collection companies from using abusive, unfair, or deceptive practices to collect debts from you.
Our debt harassment lawyers in Chula Vista, San Diego, CA will provide the debt collection help you need to gain some clarity about your finances, so we can implement real-time solutions that allow you to finally get ahead.
What Does a Debt Collector Have to Tell Me About the Debt they are Attempting to Collect?
A debt collector must send you a written validation notice within the first five days of the initial contact.
The validation notice must include a clear outline of:
- The name of the creditor
- How much money do you owe
- How to respond if you do not believe the debt is yours
In response to the debt collection notice, you may:
- Send a debt collector a letter stating you do not owe any or all the money
- Ask for verification of the debt
You must respond within 30 days of receiving the validation notice to be eligible for written verification, otherwise, the debt collector will assume the debt is valid.
Once they receive your response, the collector must send you written verification of the debt, which can include a copy of the original bill for the total amount you owe before they may attempt to collect the debt again.
You may also get a debt collector to stop contacting you at any time by sending a letter by mail requesting all contact to stop.
What Should I Do if I Have Been Served with a Chula Vista, San Diego, CA Debt Collection Lawsuit?
If you have been served with a debt collection lawsuit in Chula Vista, San Diego, CA, it is important you take immediate action to avoid missing court deadlines.
At the outset of a case, a consumer is typically served with a copy of the summons and complaint. It might be your initial reaction to not respond, however, this could result in the most amount of harm. Do not assume there is nothing you can do.
Even if you do not believe you were properly served, it is in your best interest to act in order to preserve any rights and/or defenses.
At Golden & Cardona-Loya, LLP, our debt collection harassment attorneys in Chula Vista, San Diego, CA will outline your legal options, so you do not have to hide from your creditors but face them head on with an attorney by your side.
What Happens if I Fail to Respond to a Chula Vista, San Diego, CA Debt Collection Lawsuit?
Our collection agency harassment lawyers in Chula Vista, San Diego, CA understand that it may seem easier to hide from your debts by simply not responding. Unfortunately, they will not go away. In fact, the collection recovery attempts may become more aggressive and more stressful.
If you fail to respond to a Chula Vista, San Diego, CA debt collection lawsuit after you have been served, the creditor or debt collector can enter a default judgment against you. This default judgment will likely be for the entire balance they are alleging you owe. Once a creditor or debt collector enters a default judgment against you, they could either garnish your wages, put a levy on your bank account, or place a lien on your property.
It is in your best interest to avoid a default judgment and prevent these collection methods from happening. It is important to note that a debt collector or creditor cannot take these collection methods without first receiving a judgment from the Court.
If you have been served with a legal judgment to recover your debt, contact our collections defense attorney in Chula Vista, San Diego, CA today to ensure your rights are protected while proactively facing the financial crossroads that await.
What if I Am Being Illegally Harassed by a Creditor or Debt Collector?
Our debt collection harassment attorneys in Chula Vista, San Diego, CA focus on providing solutions for each of our clients, as everyone who is suffering from debt issues has a unique set of circumstances that must be addressed with a customized approach.
Before you become overwhelmed by collection tactics, it is important to notify us if you have been harassed by creditors or debt collectors regarding the debt they are attempting to collect.
At Golden & Cardona-Loya, LLP, we are adamant about protecting the rights of California consumers and waste no time in filing complaints against creditors and debt collectors. You must be treated fairly by these organizations. It is the law.
If you feel you have been wrongfully contacted regarding a debt, we may file a cross-complaint in your collection matter. First, we will need to discuss the details of your case, and understand the origin of your debt, so you we can fully assess the collection efforts aimed at you.
What Are Debt Collectors Not Allowed To Do?
Debt collectors cannot harass you. It is unlawful.
During their debt collection attempts, they cannot:
- Use obscene or profane language
- Threaten you with harm or violence
- Repeatedly use any form of contact, typically the phone, to annoy and harass you
Debt collectors are also forbidden by law to lie to you about your debt or the repercussions of avoiding payment.
During their debt collection attempts, they cannot:
- Lie about being attorneys or government representatives
- Misrepresent the amount you owe
- Falsely claim you may be arrested
- State that you will face legal action you if it is not true
During their debt collection attempts, they cannot engage in unfair practices, including:
- Taking or threatening to take your property unless it can be done legally
- Attempting to collect interest, fees, or other charges on top of the amount you owe, unless the original contract or your state law allows it
- Depositing a post-dated check early
How Can Collections Defense Lawyers in Chula Vista, San Diego, CA Help Me?
At Golden & Cardona-Loya, LLP, our Chula Vista, San Diego, CA debt collection defense attorney provides representation for consumers in all types of collection matters ranging from credit card debts to medical debts.
We try these cases personally and never send appearance attorneys in our place, because it is important that you trust us and our approach to producing solutions for your unique debt and finance needs.
We appear at all hearings on behalf of the consumer and our representation starts at the beginning with filing an answer and ends at defending the consumer in the trial. Our Chula Vista San Diego, CA debt collection defense attorney challenges the creditors and debt collectors at every turn until your case is resolved.
What Type of Debt Collection Defense Strategies Can Help Me Get Back on Track?
Our Chula Vista San Diego, CA debt collection defense lawyer will begin our representation by challenging the validity of the debt on behalf of the consumer.
Debt collector harassment can be overwhelming, even when they are operating inside the legal boundaries. Their strong-arm tactics are not usually accompanied by clear explanations. If you are on the list of debts to be collected, they are going to demand payment. Period.
At Golden & Cardona-Loya, LLP, our debt collection harassment lawyers in Chula Vista, San Diego, will make the agency pursuing you prove their case. We further demand that the debt collector was properly assigned the debt and has proper standing to bring the action against you.
In debt collection cases, the creditor or debt collector has the burden of proof to prove its case. Many times, the alleged debt has been assigned from the original creditor to a third-party debt collector. It is the burden of proof of the debt collector that the alleged debt has been properly assigned between all parties. During discovery, our Chula Vista San Diego, CA debt collection defense law firm demands that this documentation be produced, which in many cases is very difficult for the debt collector to accomplish.
“The burden of proving an assignment falls upon the party asserting rights thereunder. In an action by an assignee to enforce an assigned right, the evidence must not only be sufficient to establish the fact of assignment when that fact is in issue, but the measure of sufficiency requires that the evidence of assignment be clear and positive to protect an obligor from any further claim by the primary obligee.” Cockerell v. Title Insurance & Trust Co. (1954) 42 Cal.2d 284, 292.
Recent case-law supports our position on the evidentiary objections we pose on debt collectors, such that a third-party debt buyer cannot lay the foundation for the business records of the original creditor. Sierra Managed Asset Plan, LLC v. Hale, 240 Cal.App.4th Supp.1 (2015); Midland Funding LLC v. Romero, 5 Cal.App.5th Supp. 1 (2016). The holdings of the above-cited cases prevent debt buyers from relying on all documentary evidence that it did not prepare.
Another potential defense for your case is the Statute of Limitations. Code of Civil Procedure §337 provides that an action “upon a contract, obligation or liability founded upon an instrument in writing” is subject to a four-year statute of limitations. If an action is based “upon a contract, obligation or liability not founded upon an instrument of writing,” then the limitations period is two years. (Code Civ. Proc. §339.) If the creditor or debt collector is seeking to recover under a written agreement but has no such writing sufficient to invoke the four-year limitations period, then the two-year period applies. Robin v. Smith (1955) 132 Cal.App.2d 288, 292-293. The limitations period begins to run on the date that the action accrues, that is, when there is a remedy available. Irvine v. Bossen (1944) 25 Cal.2d 652, 658.
If you believe the alleged debt they are attempting to collect from you has not been paid in over four years, this defense may apply to you.
Golden & Cardona-Loya, LLP collection agency harassment attorney in Chula Vista, San Diego, CA represents the following practice areas to help provide our clients with complete debt and financial solutions, so they can move forward with confidence.
- Debt Collection
- Credit Reporting
- FDCPA Cases
- Home Improvement Contracts
- Identity Theft
- Lemon Law
- Student Loans
- TCPA Robocalls
- Unlawful Repossessions
- Vacating Default Judgments
Learn more about our successes defending clients against collection agencies and creditors
Call Our Chula Vista & San Diego, CA Debt Collection Harassment Attorneys For A Free Consultation
If you have been served with a collection lawsuit please call our Chula Vista & San Diego, CA Consumer Right Protection Attorney today. We provide a free consultation. We can be reached at 619-476-0030.
Debt Collection Attorneys in Chula Vista, San Diego, CA FAQs
What Types of Debts Are Represented by Golden & Cardona-Loya, LLP?
All types of debt can lead to harassment, including credit card debt, auto loans, medical bills, student loans, mortgages, and other household debts.
How Can a Debt Collector Contact Me?
Debt collectors can call you on the phone or sent text messages, send letters via mail, and send emails in an attempt to collect a debt.
Can Debt Collectors Contact Me Any Time or Anywhere?
No. Debt collectors cannot contact you before 8 a.m. or after 9 p.m., unless you agree to it. They also cannot contact you at work if they are advised that you cannot receive calls there.
Can A Debt Collector Contact Anyone Else About My Debt?
Debt collectors become aggressive almost right away and seek alternative means to reach the person they are pursuing when they are not responding to their contact. A debt collector can contact other people to find out your phone numbers, address, and where you work, but must stop contacting them when the other person opposes the contact. Simply stating that “he or she does not live here” or “take me off your list of contacts” will stop the contact.