FAQ's

Can a debt collector inform someone else that I owe debt?
In general the Fair Debt Collections Practices Act (FDCPA) prohibits debt collectors from informing anyone else that you owe a debt.  For example, it would be illegal if a debt collector sent a letter to or called your employer, neighbor, relative, or friend and informed that person that you were behind on your credit card.  

There are a few exceptions to keep in mind. A debt collector can contact your attorney (or anyone else you tell them to contact), a consumer reporting agency, or the creditor. A debt collector could also contact someone if it has been approved by the court or if it is necessary to enforce a judgment.

If you have been the victim of a wrongful disclosure you should contact an attorney. Disclosing this type of private information can be very embarrassing.  Be sure to keep track of the date and time of the contact and what was said.

Does the FDCPA protect me even if I do not owe a debt?
Yes. One of the important protections that the FDCPA provides is that debt collectors cannot harass any person in connection with the collection of a debt. Oftentimes innocent people are victims to debt collection harassment for accounts that do not even belong to them.

For example, a recent client of mine received a number of letters from a debt-buyer for a credit card that was not hers. She disputed the debt each time in writing. The debt collector persisted with its collection attempts and even submitted (false) derogatory information on her credit report.

We sued the debt collector to stop this pattern of harassment. We then discovered that a number of the credit card charges were made at restaurants and stores in Texas. My Californian client had never before set foot in Texas. Clearly this was a case of identity theft. The debt collector paid my client money damages and removed the negative information from her credit report.

My client had success in her case because she did a good job of sending her disputes in writing and kept copies for her file. It’s important for all people to keep good records of all communications with a debt collector. It’s also important to monitor your credit report as you never know when a debt collector might come after you for something that you do not even owe.

Can a Collector Garnish My Wages or Levy My Bank Account if I owe a Credit Card Debt?
Yes, but ONLY after the collector has obtained a judgment after filing suit.  Unfortunately, many debt collectors file suit and fail to properly serve a debtor with the summons and complaint in a case.  Debt collectors sometimes serve the complaint at an old address.

Later, the debtor is shocked to see that their wages are being garnished and/or their bank account is being levied. This is because the debt collector files a proof of service with the court and proceeds in obtaining a judgment by default.

Fortunately, however, we can file a motion to set -aside the default judgment and ask for the court to allow the alleged debtor an opportunity to defend the case.  We have been able to set-aside these default judgments for many clients and successfully defend the case with our client paying nothing to the debt collector.

Does a Mortgage Servicer Have a Duty to Inform Me of Foreclosure Sale Date Postponements?
No.  Under California’s non-judicial foreclosure law, the lender need only record a Notice of Default and Notice of Sale.  The Notice of Sale will contain the operative sale date. 

If your lender is reviewing your loan for modification or other options, there is a chance that the sale date stated in the Notice of Sale will be postponed (normally in two-week to four-week increments).  Your lender, however, has no obligation to contact you and let you know if the sale will be postponed or if your property will be foreclosed on. 

Many homeowners are unpleasantly surprised to find out their home had been foreclosed on without prior notice.  Having legal counsel may assist in preventing a foreclosure if grounds for doing so exist.  We can also contact the lender to determine if your sale date has been postponed.