Debt collection in California and the nation as a whole has come under increased scrutiny with more collection agencies using unfair debt collection tactics to collect on loans that are in default.
If you are the victim of unfair tactics, it is important to remember a few key facts about your debt and what collectors can and cannot do to make you pay as set forth by Credit.com.
- Many threatening statements have no meaning. A collector saying that he or she will mark you as “refusing to pay” or the agency will create deadlines for your payments is false and is meant to scare you into paying.
- Under the Fair Debt Collection Practice Act, if a collector calls you at work and you tell them you are not allowed to take such calls, they must immediately and permanently stop calling your workplace.
- Understand stale debt. In California, creditors must sue within four years of the last payment on a debt to collect on it; anything older is not collectible. Additionally, seven years and 180 days after your last payment, the creditor can no longer report the debt on your credit report. Watch out for creditors who try to make you pay on stale debt. Any payment may reset the time and make you liable for the debt.
- You do not have to typically pay the debt of deceased relatives. More and more creditors are attempting to collect on deceased family member debt. However, unless you were a cosigner or were the person’s spouse when the debt was created, you do not have to pay it.
Riverside fair debt collection attorney Howard D. Silver can help you stop debt collectors from using unfair tactics against you. For more information, call the Law Offices of Howard D. Silver at (855) 341-2611.