What You Need to Know About California Collection Laws

Navigating through debt collection law in California can be tricky. There are a lot of moving parts inside of pertinent legislation that can be hard to keep up with. However, no matter your situation, there are a few important factors to keep in mind as you work through the collections process.

The primary collection law in California is the California Fair Debt Collection Practices Act. This mandates that debt collectors and creditors are required to treat people due for collections in a fair manner. They are not allowed to be deceptive, unfair, or engage in an abusive manner when it comes to debt collection so the process can be fair for both sides.

As per the Act, all entities, including the agencies collecting debt, are regulated. This means anyone contacting you to pay off bills or dies should be in full compliance with the Act. It also means a number of other entities,such as the attorneys involved in debt collection activities, and the companies who actually make debt collection tools, should be in compliance with the Act. Do not let anyone try to manipulate you into thinking they do not have to be in compliance with the Act. California laws are strict when it comes to debt collection.

However, it is important to note debt collectors in the state are not mandated to have a license, since agencies underwent deregulation in the 1980s. These collectors are not even required to have a local business license to start and continue operations.

Debt collectors are under limits on how much they can communicate with debtors. They are not allowed to use profane language, must disclose their information, and are not allowed to call repeatedly or harass you with calls while you are busy on the phone. Additionally, they are not allowed to lie to you in a manner that causes you to spend more money than you needed to, like if they try to get you to call a long-distance number for an extra charge.

Debt collectors in California must protect the privacy of all debtors, as per the law. Regulations say they are allowed to send debt reports to a credit reporting agency, but they are very limited in the other information they can give out. Envelopes from collectors can not have any details about debt on the outside, and the law says debt collectors are not allowed to publish your information in a public setting if you do not pay.

California collection laws gives debtors a lot of protection and options if a agency breaks they law. If a collector breaks the Act, you can file a complaint with the state attorney general, sue the debt collector in court, or get in touch with federal authorities who are in charge of enforcement of debt collection laws.

Overall, the best way to stay out of the way of debt collectors is to pay your debts on time and in full. While legislation in California does provide protections against predatory debtors and ones who are abusive, you are still required to pay off debts, and these agencies can be very persistent when it comes to getting their money.

Be sure to clear your debts as quickly as possible so you do not have to deal with the debt collectors and subject yourself to worry and stress about their tactics and methods.

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If you do engage with a collector, be sure to study relevant laws so you understand what collection agencies are and are not allowed to do as they engage with you. Don’t be afraid to report a debt collector if they break the law.

Do you have a question about collection laws in California? Click here to contact Von Esch Law today!

Courtesy of Cuselleration

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This is How Domestic Violence Affects Child Custody in California

Domestic abuse is a serious crime that can take a variety of different forms through physical, mental, emotional, and even economic control. No matter its form, scars are always unfortunately left on the victims, and courts and juries take these facts into mind when they are deciding on a verdict in a domestic violence case.

Domestic violence organizations are numerous in California and have a lot of resources for those looking for assistance. The state government also has resources available for people who are looking for shelters and counseling services.

In regard to child custody and domestic violence, the legal system in California is going to focus on keeping the child’s health and safety secure. Courts are mandated to keep this idea in mind when making decisions and judges are also required to keep the safety and security of a child when they make a decision.

When it comes to domestic violence and custody, it is important to note the different types of custody. It can be solely awarded to one parent or jointly shared. Legal custody gives parents the ability to makes decisions for a child. Physical custody actually gives parents the ability to live with their child and give them basic care, such as bathing and feeding.

Judges are required to make a custody decision in a domestic violence case that serves the child first. They will consider any history of abuse by a parent to the child, the other parent, a friend, roommate, or any other child that might have some sort of relation.

As a result, juries and judges will consider any evidence of abuse that backs up accusations. This could include law enforcement reports, notes from child protective services, insights from social agents, and details from doctors and other medical providers. They can also speak with other nonprofit agencies to get information.

If an abusive parent has committed domestic violence in the last five years against the other parent, child or the child’s siblings, it is up to the court to decide if the perpetrator should be allowed to take custody of the child.

Click here to learn 6 reasons why a parent may lose custody of a child!

This might occur if the perpetrator has complied with parole requirements, have taken counseling, and has provided proof that taking custody of the child would be in his or her best interest.

Overall, judges are asked to grant reasonable rights to visitation unless it is not in the best interest of a child. If there is a risk, the court can mandate supervised visitation to protect a child against risk of abuse.

This could include the addition of a third party to supervise visits, or even a ban on overnight visits to protect a child’s safety. Visitation with these types of conditions often occurs if some sort of protective order has been issued.

If there is an emergency protective order in place, a temporary custody can be established to help a child victim become safe. Here, judges are asked to not make a permanent custody order that is different than the temporary award of custody.

If there are any concerns about a child’s safety when it comes to custody arrangements, a judge can take whatever actions that are needed in order to keep the child safe until investigations can be carried out and completed. This could include the termination of a parent’s custody rights if needed.

Do you have a question about domestic abuse and custody in California? Click here to contact Von Esch Law today!

Courtesy of Cuselleration