Sacramento area residents who consult my law firm often have questions regarding their rights with regard to creditors who contact them once they have become delinquent paying their credit card bills or home mortgages. This situation often times becomes extremely frustrating or frightening for a person already under significant amount of stress due to his or her turbulent financial situation.
Once a debtor falls behind on his or her credit bills a creditor can become particularly bothersome. In fact, often times, the creditor becomes downright obnoxious. These measures are typically an attempt by the creditor to shame or persuade a debtor into paying the balances owed or make a last ditch effort to recover some portion of the debt. I have heard numerous horror stories regarding the extreme and sometimes outrageous behavior creditors have taken in order to “persuade” a debtor to pay. This sort of conduct by creditors is shameful. Fortunately, California law provides that a creditor’s outrageous conduct can be stopped! However, in order for a debtor to silence the aggressive debt collector, one must have a grasp of the creditor harassment law that applies to him or her in California.
Both federal and state law protects individual debtors from a creditor’s harassment. This includes both methods and conduct employed by the creditor against a debtor. The National Fair Debt Collections Practices Acts (NFDCPA) is the federal standard that limits the measures a creditor may engage in to collect a debt owed to them. California’s counterpart is referred to as the Rosenthal Act and is laid out in California Civil Code § 1788.