California Bankruptcy Attorney - Creditor Laws
Creditors who fail to comply with the Fair Debt Collection Act put themselves at risk of fines, lawsuits, and other legal sanctions. Because these types of creditors often operate on the basis of taking advantage of consumers who are unaware of their legal rights, understanding how the law protects you against unfair debt collection practices, as well as understanding the protections offered by filing for bankruptcy, minimizes the damage that these types of unscrupulous collection attempts can cause.
Abusive collection practices can take many forms. From the collection agent who uses profanity over the phone, to the debt collection firm that sends out collection notices masquerading as legal documents, the types of actions that can be classified as abuse cover a wide range. Additionally, any type of collection activity, even those that are considered to be legal in other circumstances, is strictly prohibited during an ongoing bankruptcy case.
Creditors are also barred from pursuing debts which have been discharged under a California bankruptcy. It doesn’t matter whether the debt was sold to a collection agency, or whether the debt still resides with the original creditor – once the debt has been discharged, you are no longer responsible for paying the debt, and your creditors cannot demand payment or threaten any type of legal recourse for your refusal to pay.
If you have been contacted about paying a debt which was discharged through your California bankruptcy, speak to one of our reputable, experienced California bankruptcy attorneys. You may be able to sue and recover damages depending upon the circumstances surrounding your case. Don’t let your creditors break the law in their efforts to collect – fair debt collection practices were created to protect consumers, and you deserve to take advantage of the full protections of the law in your case.
We offer a free, online California Bankruptcy case evaluation, so there is no risk by contacting our office. Get the answers you need about creditor laws, bankruptcy discharge violations, and abusive collection tactics, and then decide the best course of action for your situation. Speak with one of our premier California bankruptcy attorneys as soon as possible, and find out what you can do to protect your rights.