California residents — including everyone in Stockton, Lodi, Manteca, and Tracy — have some of the strongest debt-collection protections in the country. If you're being harassed by collectors, memorize these three laws.
1. FDCPA (Federal Fair Debt Collection Practices Act)
Third-party collectors cannot:
- Call before 8 a.m. or after 9 p.m. local time
- Contact you at work if you've told them to stop
- Threaten arrest, seizure, or wage garnishment they can't legally pursue
- Discuss your debt with anyone but you (or your spouse/attorney)
- Continue to contact you after receiving a written "cease and desist"
Violations = $1,000 statutory damages plus actual damages and attorney's fees.
2. Rosenthal Fair Debt Collection Practices Act (California)
This is where California gets aggressive: it applies the FDCPA's rules to original creditors, not just third-party collectors. In most states, the bank that issued your card can harass you all day. In California, they can't.
3. 4-Year Statute of Limitations
Written contracts in California — including nearly all credit card and personal-loan debt — have a 4-year statute of limitations (California Code of Civil Procedure § 337). After 4 years of no payment or written acknowledgment, a collector cannot successfully sue you.
Danger zone: making a single payment, or even acknowledging the debt in writing, can restart the clock. Never make a partial payment on old debt without talking to a professional first.
What to do if you're being contacted
1. Demand validation in writing within 30 days of first contact. Under FDCPA §809, collectors must produce the original signed contract and full payment history. Most cannot.
2. Never confirm the debt is yours over the phone. Say "I don't recognize this debt. Send validation in writing."
3. Keep a log of every call — date, time, name, what was said. This becomes evidence.
Being sued for old debt in San Joaquin County Superior Court? Do not ignore the summons. Show up and raise the statute-of-limitations defense — most default judgments happen because people don't respond.
Talk to us before you talk to a collector. Free consultation.