Handling Collection Calls and Lawsuits in Los Angeles County

If a debt collector is calling you or has sued you in Los Angeles County, you have rights under both federal and California law, and you have deadlines you cannot miss. The short version: keep records, never ignore court papers, and get advice before the response deadline passes.

Your rights when collectors call

The federal Fair Debt Collection Practices Act and California’s Rosenthal Fair Debt Collection Practices Act limit how collectors can contact you. In general, collectors cannot call at unreasonable hours, threaten actions they cannot take, use abusive language, or discuss your debt with most third parties. California’s law also covers many original creditors, not just collection agencies.

• Write down the date, time, caller and what was said for every call.
• Ask for a written validation notice showing the amount and the original creditor.
• Do not agree to a payment you cannot afford just to end the call.
• Tell the collector in writing if you want contact to stop or to go through your attorney.

If you are served with a lawsuit

A collection lawsuit in California usually gives you 30 days from personal service to file a written response with the Los Angeles Superior Court courthouse listed on your summons. If you do not respond, the creditor can get a default judgment, and a judgment allows wage garnishment and bank levies.

Do not wait until day 29. Call an attorney as soon as you are served so there is time to decide between defending the case, negotiating, or filing bankruptcy.

How bankruptcy stops collection

Filing bankruptcy triggers the automatic stay, which stops most collection calls, lawsuits, garnishments and levies. In Chapter 7, most credit card and medical debt is discharged. In Chapter 13, you repay what you can afford over three to five years. More on stopping creditor calls.

Local help

We help people from Arcadia, Alhambra, Pasadena and across the San Gabriel Valley deal with collectors and lawsuits. Bring the summons or any letters to your free consultation.

Talk to an attorney in Arcadia. Free consultation at 255 E Santa Clara St, Suite 210, Arcadia, CA 91006. Call (626) 593-1558 or use the form below.

This article is general information, not legal advice for your situation.