HELOC: Are the Fair Debt Collection Practices laws applicable? State or federal?

Asked almost 2 years ago - Pasadena, CA

HELOC was made in California. I have twice denied the debt but every year a new collection agency makes a new demand for payment. How can I stop this? Is there a case or sample documents I can look at on-line? I cannot afford counsel, but I can put in whatever time is necessary.

Attorney answers (3)

  1. 3

    Lawyers agree

    Answered . The Federal Fair Debt Collection Practices Act (FDCPA) applies to third-party debt collectors trying to collect a defaulted consumer debt, which is any credit extended to a consumer, intended primarily for the consumer's personal, family or household purposes. The California Rosenthal FDCPA applies also to those debts being enforced by the creditor, though the Cal. Rosenthal Act excludes attorneys from being a defendant.

    I have on one of my websites free sample letters that you can use, which I have linked below, to enable any consumer to dispute debt collection letters and false items on their credit reports. You will probably need to consult with a consumer attorney (see link below) with experience in debt collection litigation to determine if there is a cause of action against these debt collectors, because your posting does not indicate if they knew of your dispute or what the nature of your dispute is. Some disputes may prevent assignment of a debt from one collection agency to another, it would depend on the facts and evidence available. Please be aware that the FDCPA has a one year statute of limitations, such that FDCPA lawsuits must be filed within one year of the illegal conduct, though there are some exceptions to this strict rule.

    Robert Stempler (please see DISCLAIMER below)
    Twitter: @RStempler

    NOTICE: The above statements are provided for general information purposes only and are not intended as legal... more
  2. 3

    Lawyers agree

    Answered . If you have a good Fair Debt Collection Practices Act case, attorneys will fight to take the case on a contingency basis. If the attorney won't take the case, you can safely assume it is not so good. You can search for consumer lawyers on Avvo using the Find a Lawyer search toolbar at the top of the page. Hope this perspective helps!

  3. 1

    Lawyer agrees

    Answered . Get a title report to see whether or not there is anything of record against your property. If so, you can order the documents and examine them to see if you signed them. Since you said you denied the debt, apparently there is some reason why you are still getting contacted by the collection agency. A debt collection agency which persists in trying to collect an invalid debt is exposing themselves to a claim for violation of the Fair Debt Collection Practices Act. That law allows you to recover money damages and attorney fees.

Related Topics

Lawsuits and disputes

If you're faced with a dispute that can't be resolved by negotiation, a lawsuit may be necessary. It will allow you to seek a legally binding solution in court.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

35,463 answers this week

3,866 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

35,463 answers this week

3,866 attorneys answering