Laws come from two places. The first is the legislative bodies that enact statutes. Almost every state has a statute dealing with creditor and debt collector abuse. Although these vary from state to state, most outlaw the conduct that is forbidden under the FDCPA. State statutes, unlike the federal law, generally apply to creditors collecting debts the debtors owe to them. The second place is courts that issue decisions in particular cases that apply to similar situations in the future. This body of court-made law has evolved into what’s known as the common law. Aside from statutory prohibitions, creditors who intentionally misbehave can get into trouble by violating time-honored principles of common decency. In extreme cases, you may be able to sue a creditor or debt collector for things like abuse of process, malicious prosecution, defamation, intentional infliction of emotional distress, and other such wrongs. Talk to a lawyer to find out whether any of these theories applies to your situation, but remember that a creditor’s conduct must be pretty outrageous to give rise to a claim under common law.
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Law Office of Robert W. Fong
Robert W. Fong
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Carmichael, CA 95608
TEL: (916) 971-8880
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