How to Deal With Collection Agencies in California

Residents of California are protected by federal and state law from unethical collection tactics. The California Fair Debt Collection Practices Act (CFDCPA) builds on the federal Fair Debt Collection Practices Act (FDCPA), and offers you additional rights and recourse against bill collectors. While no law can stop a collection agency from attempting to collect a legitimate debt, fair debt collection laws can keep collection efforts from turning into harassment.

Instructions

1

Start recording all communications between the collection agency and yourself. Keep a file for all written communications, and keep a log of the times and dates of collection agency calls. If you speak to a debt collector on the phone, be sure to get their name for your records. (See Reference 3)

2

Write to the collection agency and request verification of the debt. The collection agency should be able to provide you with proof that you owe the debt. If it can't, then it must stop trying to collect the debt from you. (See References 1 and 2)

3

Request that any agreements be put in writing. For example, if the collection agency offers to settle your account for less than the amount that you owe, have them send you a letter detailing the offer. Don't give them any money until you have the settlement offer in hand.

4

Report illegal collection activity to both the California Attorney General's Public Inquiry Unit and the Federal Trade Commission. Illegal collection activity includes: Calling you before 8am or after 9pm, revealing your debt to third parties, calling you at work after you informed the debt collector that your employer does not allow you to take such calls, threatening to put you in jail or using obscene language. If a collector does any of these things, you may have the right to sue the collection agency for damages. (See References 1, 2 and 3)