"Collections" is the process by which creditors try to get nonpaying debtors to pay the money they owe. There are a huge number of laws in San Jose, California governing the tactics that collection agencies can and cannot do.
What if I Am Owed Money in San Jose, California?
If somebody owes you money and is declining to pay, you have many options at your disposal. However, in doing so, you will be governed by very specific consumer protection rules that govern the collection of debts. Violating these rules can hurt your chances at effectively collecting, and might even expose you to civil liability.
For example, it should go without mentioning that creditors are not allowed to use threatened or actual violence when attempting to collect. They are also not authorized to use abusive language to the debtor, or contact a third party about the debt.
Creditors may, however, send written demands for timely payment, along with an invoice that precisely lays out exactly what the debtor owes. If the debt is considerable, it might be worth it to hire a San Jose, California collection agency, which usually gets paid through a percentage of the debt collected. You should make sure, however, that the agency is dependable, and hasn't been cited for violations of consumer protection laws.
What if Someone Is Trying to Collect Money Against Me in San Jose, California?
If you really owe the money that they are attempting to collect, and are able to pay it, doing so would be your best option for ending the collections calls. Of course, this is not everybody's situation. When dealing with collectors, you should try to maintain the high ground by behaving in a calm and amicable manner. In any event, you should never ignore the problem, as this usually makes things worse.
Thankfully, you have various options at your disposal in San Jose, California. First, you should try to contact the creditor directly, and see if some sort of agreement can be worked out. If this is unsuccessful, you can tell the collectors to stop contacting you, which may work in some instances. Of course, this doesn't make the debt go away, but it might give you a little bit of breathing room. The collectors will only be allowed to contact you to let you know that they are suing you for the money owed, or that they have stopped trying to collect the debt.
If you have hired a lawyer in San Jose, California, they might advise that you apply for bankruptcy. Of course, whether or not this is a good idea depends strongly on the facts of your individual case, so you should not do so unless an attorney has reviewed the facts and determined that bankruptcy is a feasible solution.
How Can a San Jose, California Collections Attorney Help?
If you think that the collection agency is violating the law in its effort to collect, you should probably call a San Jose, California attorney, since such behavior on the part of the creditor may actually give you a claim for damages against it.
Also, if you are considering bankruptcy as an option, a seasoned California attorney can help guide you through the process.