While working with any debt collector can be intimidating, it is often more so when the collector is a law firm. However, when law firms and attorneys act as debt collectors, they are still subject to the same laws that govern the activities of other debt collection businesses. The Law Office of Linda S. Leong is one lawyer who has acted on behalf of creditors and collection agencies to collect from debtors.
If you’ve been contacted by this lawyer, or another law firm acting as or representing a debt collector, you need to know your rights. Then you need to consider the options you have for resolving your debt. One of those is debt settlement, a successful strategy that The Fullman Firm has used to save clients significant sums of money.
Do Attorneys Have to Follow Debt Collection Laws?
Most people know that debt collectors have to follow certain federal and state laws designed to protect debtors. What if the collector is a law firm? Even if this is the case, the attorney must follow certain state and federal laws that restrict the activities of debt collectors. Attorneys, in particular, are governed by the professional standards set forth in California’s Business & Professions Code. That means lawyers and their staff must comply with the rules of the Rosenthal Act (California’s fair debt collection law) and some of the provisions of the federal Fair Debt Collection Practices Act (FDCPA).
Your Rights As A Debtor
The first step to handling your debt situation is to know your rights, regardless of who the debt collector is. Some lawyers and law firms believe that because of the position they hold, they can disregard state and federal debt collection laws. If you are contacted by any attorney that has violated your rights, reach out to The Fullman Firm.
One of the most fundamental debt collection laws you need to know about is the FDCPA, mentioned above. This law exists to protect debtors from unfair, deceptive, and intimidating debt collection practices. A debtor has the right to sue a debt collector who violates the FDCPA or state law protections.
The Law Office of Linda S. Leong is subject to the FDCPA. The law prohibits debt collectors from engaging in the following behaviors:
- Yelling at a debtor over the phone
- Calling a debtor too early in the morning or too late at night
- Using obscenities or profanity in communications with a debtor
- Pretending to be a law enforcement officer or government agent
- Failing to identify themselves as a debt collector
- Threatening arrest over non-payment of a debt
- Discussing the debt with a debtor’s friends, neighbors, or co-workers
- Attempting to collect a debt that is actively being disputed
- Refusing to provide certain information to the debtor that is required by law
All communications with a debtor, including phone calls and letters, are covered by the FDCPA. Attorneys may also face disciplinary action by the California State Bar if they violate state or federal fair debt collection laws.
Can I Ask the Attorney to Stop Communicating with Me?
If a debtor notifies a law office in writing that he or she wishes the attorney (or an employee of the attorney) to cease communications concerning the debt, the law office must honor this request. There are some exceptions, however. The law office can still communicate with the debtor concerning the following:
- To advise the debtor that the attorney’s further communication efforts are being terminated
- To notify the debtor that the attorney or creditor may invoke specific legal remedies which are typically invoked by attorneys or creditors
- If applicable, to inform the debtor that the attorney or creditor intends to invoke said remedies
- If a lawsuit has been filed or is about to be filed and the debtor is not represented by legal counsel or has appeared on his or her own behalf in the action
How Debt Settlement Can Help?
If The Law Office of Linda S. Leong is contacting or suing you concerning a debt, give The Fullman Firm a call. We can help you assert your rights and legal defenses under the law. We can also explain how debt settlement may be able to help.
Debt settlement allows a debtor to negotiate a payoff amount that is less than what is actually owed. Even if a judgment has been entered against you, debt settlement is an option. But it is important to have an experienced law firm negotiate on your behalf. This is where The Fullman Firm comes in.
For one, we know the laws, and we know how to negotiate an amount that will save you money and that is likely to be accepted by The Law Office of Linda S. Leong. Also, we understand how to draft the necessary paperwork to ensure that your debt settlement agreement is enforceable. You don’t want to be in the position of making a payment before a legally binding, well-written, and correctly executed debt settlement agreement is complete.
We Can Help Get Debt Collectors Out of Your Life
Whether the debt collector is a law firm or not, our firm is here to help you settle for less than you owe. We can save you time, money, and headaches so you can turn the page on your debt. Ready to get started? Call The Fullman Firm today.