What Does It Mean To Act As A “Wall” Between You And Your Creditors?
Imagine you’ve been accused of a crime and you have no lawyer. Even if you are innocent of the crime, speaking with the prosecutor runs the risk that you will say something against your interests. That’s why the accused hire criminal defense attorneys. Once you retain a lawyer, the prosecutor cannot interrogate you without your lawyer’s permission.. Your attorney acts as a shield.
It is much the same way with debt. Federal and California laws prohibit creditors and debt collectors from talking to you if you have retained an attorney. They must direct communications to your lawyer. This protects you from being exploited, making a bad settlement deal, or, saying something that will help the collectors take your money. The Fullman Firm can be that wall between you and debt collectors, and we call it debt protection.
The Scope of Our Debt Protection Services
We protect consumers and small businesses who find themselves in these situations:
- They cannot afford to pay what the creditor is demanding, including any proposed payment plans
- They do not want to pay the creditor because their limited funds are needed elsewhere, for example, to buy groceries.
- They should not pay because the statute of limitations on the debt has expired
- They don’t actually owe the debt because it isn’t theirs, it was already paid off, or the creditor or collector is fraudulent
- The creditor or collector is using unfair, deceptive, intimidating, harassing, and/or illegal collection methods
We will examine each scenario below.
What If You Cannot Afford Or Do Not Want To Pay?
Debtors should understand that even if creditors contact or threaten them to try to get payment, the law might not require them to pay. For instance, if you are on VA disability or Social Security benefits, creditors generally cannot go after these limited sources of income. Therefore, if you own no other property, there’s little chance the creditor can do anything about it. We may recommend that you don’t pay the debt so you have enough money for food and other essentials. But that does not mean your creditors won’t contact you. Our debt protection services can put a stop to that.
California’s Statute of Limitations On Debts
Another common situation that our firm sees is where the debt is actually owed by the debtor but it has passed California’s four-year statute of limitations. In essence, the debt has expired, and it’s too late for the creditor to force you to pay it. Our firm may advise you to not pay this debt either unless you are concerned about your credit rating. As part of our debt protection services, we will advise you whether the statute of limitations has expired and ensure the creditor or collector is aware of this.
What If You Don’t Owe the Debt – Or You’re Not Sure?
If you don’t actually owe the amount demanded, or you simply don’t know, call us before speaking with a creditor or collector. It may be that the creditor made an honest mistake and falsely notified you that you owe. The problem is, if you make a payment, the creditor will accept it, assume the debt is valid, and demand the balance.
Whether you don’t owe the debt, you don’t owe the amount stated, or you don’t know whether you owe, let our debt protection services go to work for you.
Protecting Your Rights
We use both federal and California law to protect you from abusive collection tactics. We will warn the creditor or collector that not only do we represent you, but we will take legal action if your rights are violated. We can defend your rights in court if the creditor or collector sues you.
When a creditor learns you have retained us, it is far less likely to try to abuse you. There’s also a good chance the creditor will simply sell the debt rather than bother trying to collect. It is easier to get a very low settlement after the debt has been sold.
Contact Our California Debt Protection Attorney
Every debt, and every debtor, is different. If you need a shield between you and creditors or collectors, it’s time for The Fullman Firm’s debt protection services.
Let us review and investigate your situation and develop a personalized strategy to handle your debt.
Call us now.
