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Lawyers Who Solve Serious Debt Problems

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Creditor Harassment

If I have a lawyer, can my creditors call me?

What is the difference between a “Creditor” and “Collector”?

Can collectors call my work?

I settled my account but they are stilling calling to collect. What do I do?

How many times can they call me?

Can they leave a message on my answer machine?


Q: If I have a lawyer, can my creditors call me?

NO! Not in California. Once your creditor knows you are represented by an attorney, they are prohibited from contacting you. This includes when you tell the creditor on the phone that you have an attorney. Once informed that you are represented by an attorney, they should not call you any more.
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Q: What is the difference between a “Creditor” and “Collector”?
Technically speaking a creditor owns the account and a collector is a third party hired to collect it. One company can be both at the same time and many times are. The FDCPA does not apply to original creditors (the original lender), but California law does. Therefore, for purposes of harassment laws in California, there is no real distinction between creditors and collectors.

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Q: Can collectors call my work?
They can call YOU at work until: 1) notified you have a lawyer; or 2) notified by you that you are not allowed to receive such calls. They can never talk to your employer (or any third party for that matter) about their claims until they have court authority.
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Q: I settled my account but they are stilling calling to collect. What do I do?
Call a lawyer experienced in FDCPA cases. Attempting to collect a debt that is not due is a violation of state and federal laws.
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Q: How many times can they call me?
The court has said that it is harassment if a debt collector: calls immediately after  hanging  up, calls multiple times in a single day, calls your place of employment, family, or friends, calls at odd hours, or continues to call after being requested not to. Generally speaking, for a violation to occur based solely on number of calls, you must have multiple calls in a single day.
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Q: Can they leave a message on my answer machine?
If a debt collector or original creditor leaves a message to collect a debt on an answering machine and the message is heard by third parties or the caller fails to state they are a debt collector or fails to identify themselves properly, you may have a claim. It may be a violation of federal law if the message left is pre-recorded.
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