Van Nuys Credit Card Debt Lawyer
Living with the burden of debt is extremely stressful. It can ruin relationships, keep you up at night, and can even cause you to lose your car, home, or your job. Unfortunately, financial obstacles are extremely common today, but that does not mean you are out of options. If you have significant debt and creditors are harassing you, it is important that you obtain sound legal advice. Our Van Nuys credit card debt lawyer can provide it and make sure your rights are upheld.
Credit Card Debt Negotiations
If a creditor has filed a lawsuit against you to recover debt, you may be able to reach a settlement with them. Through a settlement, you repay a small portion of the debt and the remaining debt is forgiven. There are options, such as bankruptcy, that may protect you from repaying any of the debt. Still, far too many borrowers pay significantly more than is needed. Credit card companies often add inflated interest rates and fees, resulting in a much higher amount of debt than what was originally owed.
Our experienced attorney will make sure that credit card companies are not demanding more than you actually owe and that they have a legal right to pursue the debt. If the debt is valid, we will then negotiate with creditors so you pay a smaller amount than what is owed.
Credit Card Debt and the FDCPA
One of the worst parts about carrying debt for many people is the fact that they have creditors calling and harassing them. The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects borrowers from unfair and dishonest collection practices. It is important to note that the FDCPA only applies to debt collection companies and not usually the original creditor. Still, many credit card companies sell accounts to third party debt collection companies, so the following laws may still apply. Under the FDCPA, debt collection companies are prohibited from:
- Calling borrowers before 8:00 am or after 9:00 pm local time,
- Informing borrowers that they will be arrested if they fail to pay the debt,
- Harassing borrowers, including the use of obscene or profane language,
- Calling multiple times a day,
- Misrepresenting themselves as a legal firm or a government representative, and
- Misrepresenting the actual amount of debt owed.
The above are just a few of the actions prohibited by the FDCPA. In California, borrowers have even more protections under the Rosenthal Fair Debt Collection Practices Act (RFDCPA). Additionally, unlike the FDCPA, the RFDCPA applies to original creditors, as well as third party debt collection companies. If creditors or debt collection companies have violated these laws, you can sue them for damages.
Call Our Credit Card Debt Lawyer in Van Nuys Can Advise You of Your Rights
It may not seem as though you have many rights when struggling with significant debt, but that is not the case. At Wadhwani & Shanfeld, our Van Nuys credit card debt lawyer will inform you of your rights and how to exercise them so you are fully protected. Call us now at 818-658-2669 or contact us online to schedule a consultation.
