Claims Against Creditors

Claims Against Creditors – San Diego Lawyer

Pursuing Debtors’ Claims Against Creditors

In California, both state and federal law protect consumers against unfair debt collection practices by creditors and collectors. The U.S. Bankruptcy Code goes even further by prohibiting virtually all debt collection activities after a debtor has filed for bankruptcy under Chapter 7 or Chapter 13. At Law Offices of Daniel G. Shay, we advise clients about litigation to recover damages for violations of fair debt collection standards or bankruptcy’s automatic stay. Contact us in San Diego for a free consultation about your litigation options.

Here are some examples of the kinds of creditor misconduct that can support a damages claim against a creditor who violates state, federal or bankruptcy law:

• Contacting you directly after the creditor knows you’re represented by a lawyer
• Calling you at unreasonably late hours of the night or early hours of the morning
• Calling you at work after you’ve requested your creditor not to do so
• Pretending to be a lawyer, law enforcement officer or public official
• Making false statements, such as misidentification or baseless threats of criminal prosecution or deportation
• Using abusive, profane or obscene language
• Attempting to collect a pre-bankruptcy debt from a debtor in bankruptcy without court permission
• Attempting to collect a debt that has been discharged in bankruptcy

Both the federal Fair Debt Collection Practices Act and the California Rosenthal Fair Debt Collection Practices Act allow debtors to recover damages and attorney fees upon proof of a violation in civil litigation. Similarly, violations of the automatic stay of bankruptcy can also support an award of damages and attorney fees.

Damages Awards in Unfair Debt Collections Cases

The damages awarded for violations of fair debt collection laws or the automatic stay of bankruptcy tend to be small amounts — typically, $500 to $2,000. It’s sometimes possible, however, to show unusually high actual damages, such as those based on the aggravation of medical conditions based on stress, lack of sleep or other health problems. We can give you a good idea of the potential value of your case and provide detailed advice about the best ways to document violations and damages.

To learn more about the possibility of suing your creditor for unfair debt collection practices or violations of the automatic stay of bankruptcy, contact Law Offices of Daniel G. Shay in San Diego for a free initial consultation.

We are a debt relief agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.