favorite this post STOP CREDITOR HARASSMENT (Northern California) hide this posting unhide

license info: State Bar of California

Since the Great Recession, which is generally regarded to have begun in late 2007, many people incurred excessive debt and fell behind in their obligations due to slow economic growth and high unemployment. Although the economy is now quite a bit healthier, the debts still exist and the creditors still demand payment. Oftentimes the debts, though amounting to thousands of dollars, are individually an amount that is not economical for the creditors to hire attorneys and file lawsuits to collect. As a result, the original creditor (such as a credit card company or a retailer) either assigns the debt to a collection agency which retains a percentage of whatever it collects, or sells the debt to a collection agency at a substantial discount.

It is these agencies, then, who embark on their course of unrelenting harassment. This can take the form of telephone calls, letters, emails, texts, and more. These agencies have even been known to use geo-location software to contact a debtor’s neighbors, saying they have been unable to make contact with the debtor, and requesting that the neighbors inform the debtor it is urgent to call.

These forms of harassment may continue for years, even after the statute of limitations has run. Collectors are simply relentless. They may realize that they will never collect the entire amount, but hope to get you to make payments, often offering to discount the debt further—anything just to recover whatever they can.

But you don’t have to take it. Federal and state laws prohibit a creditor or collection agency from ever contacting you again once they have been properly put on notice to cease contact with you. And this is where I come in. I’m a business lawyer with over 30 years experience. I have represented financial institutions and collection agencies, not as a litigator, but as their legal and business counselor. So I know the right way to employ the provisions of the law in communicating with collectors. It’s actually very simple. And now I’m semi-retired, and enjoy helping regular folks getting aggressive collection agencies off their backs without charging an arm and a leg.

In the past, when I have demanded that creditors or collectors cease contacting a client, the contacts stopped. Period. No more calls; no more harassment. Technically they are then permitted to notify you one last time that their collection efforts will cease, or that they might invoke a specified remedy (such as a lawsuit). However, I have never seen a collector do so. When they get the termination letter their efforts cease.

Please note that the successful cessation of contacts with you will not spare you liability for your debts, interest will continue to accrue on them, and your credit rating will continue to suffer. But the purpose of my letter is not to relieve you of liability, but to relieve you of the anxiety associated with their collection efforts. As a practical result, with no legal way to contact you anymore, and because most creditors are loathe to file a lawsuit for debts of a few thousand dollars or less, it is more likely than not that you will never hear from them again.

Now, lawyers are not permitted to make guaranties, so I will not guarantee you that collection efforts will, in fact, cease. And if they don’t I do not file lawsuits to force them. However, I have never had a collector ignore my letter and continue making contact.

My fee for this representation is $500. It doesn’t matter whether you have one or 20 creditors; the fee is the same. And the fee is the same for a couple, unless, for example, a husband and wife have separate debts, in which case each spouse would pay a separate fee.

The only other thing I need from you is a clear photograph or scanned image of your creditors‘ correspondence sent as an attachment to an email. Please photograph or scan all pages of letters you have received, as sometimes creditors make it difficult to know which address to send correspondence to. (I have a paperless operation, so I don’t accept copies sent through the US mail.) Upon my receipt of the fee and supporting documentation, I will notify the collector and email you a copy of my letter. And that should be the end of it. I hope I can be of service to you to help you obtain some peace of mind.
  • do NOT contact me with unsolicited services or offers

post id: 6846675045



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