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Consumer Protection Law Blog

Statute of Limitations for Collecting on A Debt

June 24, 2011

A statute of limitations is the time period during which someone can be sued for a legal violation. In California, the statute of limitations for being sued for a breach of contract (the most common claim in debt collection) generally is four years. If the debt is older than four years from the date of…

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Debt Collection Calls to Friends and Family

June 24, 2011

If a debt collector does not have the prior consent of the consumer or the express permission of a court, or the communication is not reasonably necessary to collect on a judgment, a debt collector cannot communicate with the consumer’s friends or family more than one time, for the very limited purpose of obtaining the consumer’s…

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Repossessors & The Fair Debt Collection Laws

May 30, 2011

A repossessor who takes – or attempts to take – property in breach of the peace (e.g., by force or by illegally entering a locked garage) can be sued for violations of the fair debt collection laws. In fact, the repossessor can be sued under both the federal Fair Debt Collection Practices Act and the…

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Repossessions from Gated & Locked Garages

May 12, 2011

A repossessor cannot enter a gated and locked garage to repossess a car. There’s no exception to this rule. If a repossession agency takes a car from a gated and locked garage, the agency has committed a breach of the peace and the consumer can sue the repossession agency. A repossession must be accomplished without…

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