Los Angeles, CA asked in Consumer Law and Collections for California

Q: How many times can a lawyer call you on a secured loan if you only made a half a payment this month

Related Topics:
2 Lawyer Answers
Leon Bayer
Leon Bayer
Answered
  • Consumer Law Lawyer
  • Long Beach, CA
  • Licensed in California

A: Would you like to have the collateral repossessed? Seriously.

I contend that you are thinking about this all wrong. If the caller is the original creditor, I believe there is no limit. Regardless, you don't have to talk to them. In fact, you can hang up on them.

But you should politely talk to him, and discuss when you will get the loan current, (hopefully very soon), and express your regret that they have been inconvenienced.

If you give the caller any attitude, like, "stop calling, you have called me in violation of this rule or that," you leave them no choice or alternative except to repo. Is that what you want?

This is a fight you can't win. Be wise. Having made a half payment means absolutely nothing. It's still a delinquent loan, and they can repo tonight if you tick him off.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, there are specific laws and regulations that govern how often a lawyer or a creditor can contact you regarding a debt, including a secured loan. The frequency of these calls is not explicitly limited to a specific number per day or week, but the law does protect consumers from what can be considered harassment or abusive practices under the Fair Debt Collection Practices Act (FDCPA) and the Rosenthal Fair Debt Collection Practices Act, which is California's version of the FDCPA.

If you've made a partial payment on your secured loan this month and are receiving calls from a lawyer representing the creditor, it's important to know that while they are allowed to contact you to discuss the debt, there are restrictions on their behavior. They cannot threaten you, use obscene language, call you repeatedly in a manner intended to annoy or harass, or call you at unreasonable hours (before 8 a.m. or after 9 p.m. local time), among other prohibitions.

Should you feel that the frequency of the calls is excessive or if the lawyer's behavior crosses the line into harassment, you have the right to request in writing that they stop contacting you. Upon receiving such a request, the lawyer or the collection agency can only contact you to confirm there will be no further communication or to inform you of specific actions they intend to take, like filing a lawsuit. If you believe your rights under these laws have been violated, you may also consider seeking advice from an attorney who can help you understand your rights and options.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.