Author: timothymccandless

Most people think of debt negotiation as a conversation that happens over the phone. A collector calls, you make an offer, they accept or reject it. In reality, the phone is the worst place to negotiate a debt settlement. Written negotiation is safer, more effective, and creates a record that protects you after the deal…

Debt settlement companies charge 15 to 25 percent of your total enrolled debt to do something you can do yourself with the right information. They negotiate with creditors on your behalf, damage your credit in the process, and take a significant fee from every account they settle. Understanding what they actually do — and how…

The California statute of limitations on written contracts is four years under Code of Civil Procedure §337. That is the window during which a debt collector can sue you to obtain a judgment. Once that window closes, the debt is time-barred — and a time-barred debt changes the entire negotiating dynamic. What a Time-Barred Debt…

When a debt buyer contacts you about an old account, they have one critical vulnerability they hope you never discover: they may not be able to prove they legally own the debt. California law is specific about what documentation they must produce. If they cannot produce it, collection must stop. What the California Fair Debt…

Most people dealing with debt collectors focus on whether they owe the money. That is the wrong question. The right question is whether the collector has violated federal or California law in the process of trying to collect it. Violations are worth money — up to $1,000 each — and they become your negotiating currency.…

If a debt collector calls your friends, family, coworkers, or employer about your debt, they may have just handed you significant legal leverage. The FDCPA places strict limits on third-party contact, and violations of these rules are among the most actionable under the law. What Third-Party Contact Is Permitted A debt collector can contact third…

Most people dealing with debt collectors have no idea how much a single violation is worth. Under the Fair Debt Collection Practices Act and California’s Rosenthal Act, a collector who breaks the rules owes you money — and in many cases, you don’t need an attorney to collect it. The Three Types of FDCPA Damages…

When a debt collector contacts you for the first time, most people react with fear or avoidance. But the first 30 days after initial contact are actually your most powerful window under the Fair Debt Collection Practices Act. Here is exactly what to do — and what not to do — in that window. What…

Filing a complaint against a debt collector is not just about venting frustration. When done correctly, a complaint to the right agency creates real regulatory pressure that motivates collectors to settle accounts they would otherwise ignore. Here is how to file effective complaints in California. The Consumer Financial Protection Bureau (CFPB) The CFPB is the…

Under the Fair Debt Collection Practices Act, you have an absolute right to demand that a debt collector stop contacting you. This right is immediate, unconditional, and powerful. Here is exactly how to exercise it and what happens when you do. The Legal Basis FDCPA Section 805(c) states that if a consumer notifies a collector…