Fast Answers to Your Most Pressing Debt Collection and Credit Reporting Questions
Can a collection company call multiple times per day? Can a creditor really increase your interest rate if you cannot pay your bills? If you have a question about debt collection, credit reporting, or any other issues related to consumer law, our FAQ section might provide the answer you need right now. If it doesn't, contact us using the contact form or the toll-free number and we'll answer it for you within 24 hours!
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Why am I being contacted by multiple debt collectors for the same debt?
It’s confusing enough to get a call about an old debt you didn’t know you had, much less to get calls from multiple people about that same debt. Believe it or not, this happens all the time. While it doesn’t necessarily indicate fraud, it could mean that someone somewhere along the line has violated your rights under the Fair Debt Collection Practices Act (FDCPA) and not only will you not owe the debt, THEY may owe YOU damages. Let me explain.
Debts Are Often Sold Multiple Times
It is often not worth a creditor’s time to work too hard make you pay what you owe. After all, collecting debt is not their primary role. The creditor may be a credit card company, whose purpose is to lend money and collect it, but it could also be a medical clinic, cable or cell phone provider, or your town’s tax department. These service providers will send bills for several months, perhaps adding fees with each month you don’t pay, maybe calling you to follow up, and that’s about all they have the time and resources to do. After that, they will likely sell the bill to a collection agency. They may sell it for 10 cents on the dollar, but at least they have some money back in their pockets.
Now the debt collector has the potential to collect on the full amount of the debt they bought for a fraction of that. And they are often successful. People are more threatened by a collection agency calling than the cable company, for example, and many pay up without a fight. However, if the debt collector has made several attempts and can’t get anything from you, he will probably sell the debt on to another agency, maybe for 25 cents on the dollar. He has made a bit of a profit, and now a third agency has your information and will start calling you. This is how you end up with multiple agencies trying to collect the same debt, but it doesn’t mean you are in any more trouble than you were when you first missed the payment, even if it feels like it.
How This May Mean You Have a Case
No matter who is contacting you about the debt, they have to be able to provide documentation of the validity of the debt. They have to show how much you owe, to whom you originally owed it, and that it is actually YOU who owes it. As debts are sold again and again, documents and contracts are often lost. If a debt collector is contacting you without having all of this documentation in order, he is violating the law.
Call Me If You Are Confused
If you are being contacted about a debt you suspect has been sold multiple times, try my FREE debt collection blocker and then call me. My advice is always free, and I don’t collect a fee unless we win damages for you.
Should I panic if my debt is “sent to legal?”
No, you should not panic, but you should respond. This is a common threat from creditors and debt collectors to try to scare you into paying a debt that may not even be yours or may be more than you actually owe. So, what can a creditor’s legal department do? It’s more a question of what they have to do to prove you owe the debt. Let me explain.
Is it an Empty Threat?
When a creditor threatens to send your debt to legal, what he is really threatening you with is a lawsuit. What he’s hoping is that the threat will be enough to get you to pay what they say you owe, because they don’t really want to take legal action. Fortunately for them, the tactic often works. People panic when threatened with a lawsuit and decide to just pay the debt, regardless of whether the debt is really theirs.
Even when the creditor or debt collector does follow through and file the lawsuit, many defendants don’t respond to the suit and the creditor wins by default. At this point, the court will order you to pay the debt. Now you are really on the hook.
Remember That the Burden of Proof Is on Them
So what should you do when threatened with a lawsuit? First of all, call me! I will help you defend yourself against the suit. Our chances of winning are good, because now the burden of proof is on the debt collector. He must be able to provide solid proof that the debt is yours, that the amount is accurate, and that he is the one who is owed. Because debts can pass through many different hands as they are sold to collection agencies, key documents can be lost. If the debt collector cannot produce the required evidence, you will owe him nothing and he will even have to pay your legal fees.
Contact Me When You Are Being Threatened
If you are being threatened over a debt that you don’t believe is yours—or even if you know it is yours—don’t be scared into giving in, but don’t ignore it, either. Contact me online or call my office directly at 855.982.2400 to learn more about your options. I am committed to protecting the rights of Californians and fighting against unlawful debt collection practices.
What is the right way to dispute a credit report error?
We all know there is a right way and a wrong way to do everything. Disputing an error on your credit report is no exception. You can protect a possible lawsuit against the credit reporting agency when you file a dispute the right way the first time. Under the Fair Credit Reporting Act and California law, you have a right to an accurate credit report, and credit reporting agencies are required to investigate all disputes. However, unless you take certain steps when filing your dispute, you may jeopardize your consumer rights.
What Californians Should Do When Filing a Dispute
If you have found a mistake on any one of your credit reports—congratulations! The fact that you reviewed your reports and paid attention to what should and should not be on them is a great first step to protecting your rights. What you do next is just as important. As a California consumer attorney, I advise all consumers to do the following:
Always Dispute Credit Reporting Error With the Credit Bureau
Even if the mistake is actually the fault of a creditor, you will have to inform the credit reporting agency of the mistake, not just the furnisher of the false information. While it is not illegal for a credit bureau to report inaccurate information, it is illegal for them not to investigate your dispute.
Preserve the Credit Report Evidence
If you are claiming that a credit reporting agency failed to investigate your dispute, you will have to provide documents to prove that you reported it and you will need evidence of the harm the error has caused you. Make copies of everything you send to the credit bureau, send everything by certified mail, and keep any documents that show that the error on your report has cost you, such as denials of credit, increasing interest rates, etc.
Never Use the Online Credit Reporting Dispute Option
The strongest claims against credit bureaus are detailed and provide evidence. There is very little room on online dispute forms to do this. Instead, mail a letter that details how the information on the report is wrong and include evidence that proves the mistake. Keep a copy of all of this and send it by certified mail so you have a receipt.
Call An Experienced Credit Reporting Error Attorney!
Who has the time to deal with all of this? I do, that’s who! I know you’re busy and finding the time to track down evidence, write a detailed letter, etc. can be impossible. When you contact me, however, I will guide you through the process—at no cost to you!
I know it’s hard to believe, but I will help you make those errors go away and may even be able to get you compensation, and I won’t charge you a thing. My fee comes if and when I successfully sue a credit reporting agency on your behalf—and not before. Learn more about how this works here, then contact me online or, better yet, call me directly at 855.982.2400!
Am I covered under the Servicemembers Civil Relief Act?
Considering that this powerful legislation protects servicemembers from high interest rates, penalties for breaking leases, and some civil court judgements, it’s important that you know whether you are covered or not. Simply put, the Servicemembers Civil Relief Act (SCRA) applies to all active-duty military personnel—but does that apply to you? Find out here!
What the Law Says About SCRA
The SCRA was enacted in 2003 and has been amended several times since then. The law is designed to ease financial burdens on servicemembers during periods of military service. Under the law, the following servicemembers are covered:
- Full-time active duty members of the five military branches (Army, Navy, Air Force, Marine Corps, and Coast Guard)
- Reservists on federal active duty
- Members of the National Guard on federal orders for a period of more than 30 days
- Servicemembers absent from duty for a lawful cause or because of sickness
- Commissioned officers in active service of the Public Health Service (PHS) or the National Oceanic and Atmospheric Administration (NOAA)
- Servicemembers’ dependents, including a spouse, children, and any other person for whom the servicemember has provided more than half of their financial support for the past 180 days
For most servicemembers, SCRA protections begin on the date they enter active duty military service. For military reservists, protections begin upon the receipt of certain military orders. If you are still not sure if you are eligible for the benefits provided by SCRA, do not hesitate to call me to find out!
How I Help Servicemembers Protect Their Credit
If you think someone isn't respecting your SCRA rights, call me and I will evaluate your case—for FREE! Not only does the law provide for criminal penalties for violators of SCRA, it also entitles you to sue the violator in order to fix what they did wrong and to pay attorney fees if we win. So you truly have nothing to lose by calling me if you think your rights have been violated. As a Marine Reservist myself, I am proud to help those serving in our armed forces.
Contact me online or call me directly at 855.982.2400 and let's talk about how I can help!
How Can I Avoid Being A Victim Of A For-Profit College Scam?
The promised education benefits were one of the reasons you joined the service to begin with. Serving your country is a great way to pay for the education you have always dreamed of. Now that you are ready to use these benefits to attend college, don’t allow yourself to be taken advantage of by a for-profit college that is just out to get your money.
What Is a For-Profit College?
Simply put, a for-profit college is an institute of higher learning that is run by a private, profit-seeking company. They typically offer flexible class schedules, including evening and online classes that are very tempting for students who have a full-time job or are raising a family. While some of these schools are reputable, others have been found to make promises to students that they can’t keep. Students are left with a hefty bill and no job prospects.
How To Protect Yourself From For-Profit School Scams
Unfortunately, the money you can get as a servicemember to pay for college makes you a target for these disreputable schools. Follow this advice to protect yourself:
Be Wary Of The High-Pressure College Sales Pitch
Schools that are just out for your money will often pursue you aggressively. A high-pressure sales pitch should be a red flag that something is not right. Do not allow yourself to be rushed into making a decision. Take your time to consider multiple options.
Research Graduation Results For The College You're Considering
You are going to school to prepare for a career, right? So it’s a good idea to look at each school’s graduation rates and job-placement statistics rather than just taking a TV ad or salesperson’s word for it.
Compare The Costs Between The School You're Considering And Other Universities
While their schedules and locations may be convenient, for-profit schools often cost more than public colleges and universities. Take the time to compare costs and look for public colleges that offer flexible scheduling and satellite campuses.
The actions of certain for-profit colleges are truly despicable, particularly when they set their sights on those who have served our country. However, it’s up to you to protect your education benefits so that you can make the most of your future.
The Cardoza Law Corporation Looks Out for Servicemembers
As a Marine myself, I am happy to provide helpful information like this to our men and women in uniform. If you believe your civil rights have been violated as an active-duty servicemember, contact me online or call me directly at 855.982.2400 to see if I can help set things right.
Do I need to file a police report if I am filing an identity theft report with the FTC?
If someone has stolen your identity and taken out a loan or opened a credit card in your name, you have work to do. There’s no way around the fact that identity theft is a major pain, but if you don’t take the necessary steps to undo as much of the damage as you can right now, the pain could get even bigger. The first thing you should do to protect yourself from the problems the thief is going to cause in your name is to tell the authorities what has happened.
Report Identity Theft To The FTC
The Federal Trade Commission (FTC) acts as a kind of clearinghouse for identity theft reports. When you go to their website at www.identitytheft.gov, you will be guided through a series of questions to report the theft. Once you have given them all the information you can, a report will be generated that can be offered as proof to any lender or business that disputes your claim of identity theft. You will also need the report when you file a police report.
Filing An Identity Theft Report With Local Law Enforcement
Most identity thieves steal the information they need “virtually,” meaning they get your bank account numbers or Social Security number through online sources, not out of your wallet. So why would you report the theft to the local police? After all, the thief is most likely not your neighbor—or even a resident of California or the U.S. The reason you file a police report is to create an official record of the theft even if you don’t expect the thief to be caught. At the local police station, you should be prepared to show them the following:
- A copy of your FTC Identity Theft Report (See? I said you would need it!)
- A government-issued photo ID
- Proof of your address (a mortgage statement or utility bill)
- Any proof you may have that a theft occurred (credit card statement, collection notices, etc.)
Your goal in reporting this to the police is not to get them to catch the thief, but to get a copy of the police report. Ask them to attach your FTC complaint to your report. You may have to be firm and insistent with the officer—but also calm and patient—because they may see it as a waste of their time.
Identity Theft Is Not a Waste of My Time!
If you’re getting nowhere with the FTC or the police, check out my identity theft toolkit to walk you through the steps to recovery. If you are being harassed by a lender or collection agency over debt that is not yours, you may be able to take legal action to stop them. If that’s the case, don’t wait any longer to call me. I will look into your situation and help if I can. The best part is, I will do all of this FOR FREE! If you are owed damages for harassment, I will file suit and take my payment only when I win on your behalf. Now is not the time to bury your head in the sand and hope this goes away. Take action today!
Contact me online or call me directly at 855.982.2400.
How can I protect my stored property when I am on active duty?
To the average person, temporarily renting a unit to store personal possessions is no big deal. However, when you are an active duty servicemember who has been deployed or moved and must store almost everything you own while you are away, there is a lot to worry about. What if you forget to make a payment? What if you are away longer than you expected? Will you lose your possessions? The good news is, you have protections that the average citizen does not have.
Your Active Duty Servicemember Rights Regarding Stored Property
Simply stated, while you are on active duty, a storage company cannot simply sell your possessions if you fail to make a payment or break the contract in another way. Instead, they must first get a court order. How does this help? Well, first, it buys you some time. Instead of being notified that your stuff has been sold, you will get a notice that a case has been filed against you. You then have time to take action. What should you do? Start with the following:
- Call me. As a Marine and military consumer attorney, I am committed to protecting the rights of our men and women in uniform. I will communicate with the judge and get the proceedings against you stopped.
- Ask for more time. If you are behind on your rent or are unable to pay what you owe, we will work with the judge to adjust the amount you owe or the deadline for making the payment.
If the judge decides that your deployment or active duty status is not the reason you have broken the contract, he could grant the storage company permission to sell your belongings. Don’t let it come to that. Contact me before it’s too late!
Understand Your Rights As An Active Duty Servicemember
These protections are granted under the Servicemembers Civil Relief Act (SCRA), which grants many other protections as well. But if you don’t know your rights, you won’t know when you are being taken advantage of. If you are on active duty and are struggling with any consumer matter—breaking a new car lease, a landlord dispute, a civil lawsuit—please feel free to contact me online or call me directly at 855.982.2400 for help. You deserve better treatment while you are serving our country and I’m here to make sure you get it.
Can I lose my house or my car while I am serving in the military?
You have a lot to worry about when you are away from home serving your country. You may have left a spouse and kids behind, and you probably left bills that need to be paid. If those bills don’t get paid while you are gone, you should not have to worry about whether the lender will foreclose on your house or repossess your car or other property. The Servicemember Civil Relief Act (SCRA), offers some protections to prevent this from happening; however, it is not a get out of jail free card.
Why Foreclosures and Repossessions Happen
When you borrow money to buy something, the lender often reserves the right to take the property back if you fail to make payments on the loan. With a home loan, this is known as foreclosure. Repossession occurs most often with cars. In California, both of these actions can be taken without filing suit to get a court order. However, as an active-duty servicemember, you will have an extra level of protection to prevent this from happening.
How Does the SCRA Protect Me?
While you are still subject to foreclosure or repossession if you default on a loan, as an active-duty member of the military, the creditor cannot just take your home or your car with no notice. Instead, he must file a lawsuit to get an order from a judge in order to take the property. This process could give you enough time to work things out with the creditor so you can keep your house or your car. This protection only applies if you purchased the property and made at least one payment on it before entering active duty service.
How Can A Military Consumer Protection Attorney Help?
If your SCRA rights were violated and your property was taken without a court order, call me to take legal action against the creditor or repossession service. You may not only get your property back, but you might be awarded financial damages for any losses you suffered. Don’t be pushed around by creditors while you are serving our country. I am a Marine myself and I know what you’re going through. Contact me online or call me directly at 855.982.2400 if you think your rights may have been violated.
How do I get accounts opened by an identity thief off my credit report?
Not only do identity thieves steal your money, but they also steal your peace of mind and your financial reputation. When your personal information—Social Security number, bank account number, or password—has been stolen, you can quickly become overwhelmed by everything you need to do to fix it. Fortunately, you don’t have to despair. When accounts you did not open are on your credit reports, call me to help you take the necessary steps to get them removed. I will give you everything you need to take care of the problem and, best of all, I won’t charge you a thing!
What Can You Expect for Nothing? Identity Theft Credit Help!
You can’t get something for nothing, right? Wrong! When you fill out the form on this page, I will send you everything you need to inform creditors, debt collection agencies, and credit reporting agencies that your identity has been stolen and that they need to take action—all at no cost to you. How will this help? For starters, when you ask any one of the three national credit reporting agencies—Equifax, Experian, or TransUnion—to place a fraud alert on your account, they must all:
- Give you a copy of all the information in your file.
- Block any information in your file that resulted from identity theft, including unpaid accounts, lines of credit, or loans, so that anyone looking at your file—a potential creditor or employer, for example—cannot see the fraudulent information.
Hopefully, taking this first step will begin to make you feel more in control of a frightening situation. You can also expect a follow-up call from me to see if you have any questions or need additional assistance. I will evaluate your case for potential legal action and you will owe me nothing until and unless I do find grounds to file suit and I win damages for you.
Trust Me—Everything Will Be OK!
I know how painful it is to be the victim of identity theft. The stress and anxiety it causes can affect other areas of your life, including work, your social life, and your family. Don’t allow the actions of a thief to take over your life. Fill out my contact form and let’s get started fixing this problem now!
What can I do about the high-interest loans I took out before I joined the military?
As a Marine myself, I understand that joining the military requires sacrifice, but I also know that there are amazing benefits to serving your country. Not only are you doing your part to protect democracy, but you get a steady paycheck, educational opportunities, advanced technical training, and a whole lot more. One perk your recruiter may not have told you about is the Servicemembers Civil Relief Act (SCRA), which offers a bunch of financial protections when you are serving in the military.
One of the benefits SCRA provides is reducing the interest rate on any pre-service loans you or your spouse have to just 6 percent. Think about that. The credit card debt you’re carrying with a 23 percent interest rate? Slashed to 6 percent! Pretty awesome. But this won’t happen automatically. You’ll have to request it—and you may even need to demand it.
How to Get Your Interest Rates Reduced
First, take a look at all your loans and lines of credit. This includes car loans, student loans, mortgages, and credit cards. If any of them have an interest rate greater than 6 percent, you’ll have to do the following:
- Notify your lender in writing of your eligibility for a reduced interest rate.
- Include your copy of your orders to active duty service or a letter from your CO verifying the date you began active duty service.
Your lender is obligated to reduce your interest rate to 6 percent for the entire time you are on active duty, plus an additional year after the end of active duty. You also have these protections:
- Your lender can’t add the amount over 6 percent back into your loan after you leave active duty.
- Your lender can’t revoke your loan or credit account, change the terms of your credit, or refuse to grant you credit just because you exercised your SCRA rights.
- Your lender can’t furnish negative information to a credit reporting company just for invoking your SCRA rights.
And if your lender does any of these things? Or refuses to lower your interest rate? That’s when you call me. Not only are there criminal penalties for SCRA violators, you can also sue the violator to get them to fix what they did wrong and to pay my fees if we win. I give free case evaluations and take these cases on contingency, so it doesn't cost you any money up front.
You deserve to be treated with the respect you have earned as a member of the United States military. Allow me to help you get that respect. Contact me online or call me directly at 415.802.0137 and I will do everything I can to help.