California Debt Collection: Notification of a Represented Debtor

Written by Adam Peck Category: Business Law January 26th, 2013 2 min read

How to Deal with Debt Collection Harassment

A debt collector including the creditor himself must not contact a California debtor who he knows is represented by an attorney. Yet the collector violation de jour seems to be the refrain, “I don’t care if you have a bankruptcy lawyer, I’ll call you every day until you can provide a bankruptcy case number”.

If this happens to you, and you have told the caller that you are represented by a lawyer about this debt, make sure to get the name, phone number, and the entity the caller represents. It makes it easier to sue them for violation of California’s Rosenthal Fair Debt Collection Practices Act.

Here’s the authority: the Federal Fair Debt Collection Practices Act prohibits contact by a third party collector with a consumer who is represented by a lawyer: 15 USC 1692c.

California expanded the consumers rights with respect to debt collection by including the original creditor in the class of persons covered by the Rosenthal Act. Civil Code Section 1788.17 imports the prohibition of contacting a debtor who has a lawyer.

So, don’t get your legal information from a debt collector and don’t shrug off violations of law. Tell your lawyer, make a record of the facts, and fight back.

Call Steven Peck’s Premier Legal with any questions regarding Debt Collection toll free at 1-866-999-9086.

Share it

Questions? Check with Peck Today

Blog Lead Form

Elder Abuse and Neglect in Assisted Living Facilities

Elopement in Nursing Homes

Assisted Living Abuse

Settlement Reached in Assisted Living Facility Death

Assisted Living Abuse and Neglect Attorneys

Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.