Creditor Harassment Lawyer in the Bay Area

Defining Creditor Harassment 

Creditor harassment refers to unethical or illegal actions that creditors or debt collectors use to intimidate or coerce those who owe debts. 

Examples of these actions include but are not limited to:

• Constant phone calls
• Frequent electronic communications (email, texts, messages via social media)
• Deceitful statements about legal actions or debts
• Threats of harm
• Obscene and derogatory language 
• Publishing lists of names and information of those who owe debts

Creditor Harassment & the Law

The federal Fair Debt Collection Practices Act (FDCPA) and California’s Rosenthal Fair Debt Collection Practices Act govern what debt collectors can do to get individuals to pay debts. 

The FDCPA regulates when debt collectors can make contact with those who owe debts, mandates that collectors honor requests to stop contact, and prohibits collectors from employing deceptive practices. 

The FDCPA has limits to its reach. It only governs agencies that collect debts on behalf of another (collection agencies) and debt buyers. However, California’s Rosenthal Act applies to most original creditors while offering similar protections to that of the FDCPA. 

It is important to note that the FCPA requires debt collectors to state in their initial contact that:

• They are reaching out to a person to collect a debt
• Any information they gather will be used to collect a debt

This rule is referred to as a “mini-Miranda.” Debt collectors must make this same disclosure in subsequent communications. 

Can Debt Collectors Contact Your Employer?

Yes, debt collectors can contact your employer to verify your employment, get contact information, or garnish your wages (if a judge has granted the garnishment). If the collector inquires about a medical debt, they may ask whether you have medical insurance.