Consumer Protection Law Blog
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…Read More
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…Read More
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…Read More
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…Read More
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