As they say, “As California goes, so goes the country.” This timeless axiom is especially true in regards to the historically significant Fair Debt Collection Practices Act (FDCPA). Enacted in September of 1977, the FDCPA grants consumers several protections against the aggressive tactics used by third party debt collectors.
As with many federal statutes, the states were left with several legal voids to fill, including how to address the statute of limitations and wage garnishment judgments to collect consumer debts.
With the passage of the California Debt Collection Practices Act (CFDCPA), the Golden State became one of the first states to fill in the legal voids left by the FDCPA.
If Harris & Harris has violated wither the FDCPA or CFDCPA, you have the legal right to contact a lawyer to determine if you should file a claim.
Does the CFDCPA Impose a Statute of Limitations?
One of the biggest legal voids left by the FDCPA concerns the statute of limitations for collecting consumer debts. As one of the shortest statute of limitations established by any state in the country, California gives third party debt collectors four years to pursue the collection of consumer debts.
However, the one exception to the four-year rule involves oral contracts. California grants third party debt collectors just two years to collect debts created by oral contracts.
State law defines the start for statute of limitations on the date when a third party debt collector receives legal permission to collect an outstanding consumer debt.
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How Does California Handle Fees and Interest?
In California, third party debt collectors have the legal right to charge fees and interest surcharges on debts purchased from original creditors only if the additional charges are written into the original credit contract.
If you request a debt collector itemize every fee and surcharge on an account purchased from an original creditor, the debt collector must list the expenses in a timely manner. By working with a licensed consumer protection lawyer, you use the correct legal language required to draft a letter requesting the itemization of fees and surcharges.
Your Rights under California Wage Garnishment Law
California wage garnishment laws ensure consumers have enough left over to pay for basic living expenses. The state allows debt collectors to gain judgments that garnish either 25% of your disposable income or the amount calculated by multiplying the state minimum wage and 40.
Whichever is the lower amount is what a debt collector can garnish under California law.
Get the Legal Assistance You Deserve
To fight back against unethical debt collectors, you need to consult with a licensed lawyer that has gained considerable experience litigating cases covered by the FDCPA and CFDCPA.
California law allows consumers to file claims against debt collectors for the payment of damages ranging from $100 to $1,000. An accomplished lawyer can help you win your claim for one or more CFDCPA violations.
Additional Resources
*Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Harris & Harris or any other third-party collection agency, you may not be entitled to any compensation.