Q: I keep getting calls from a debt collector. It seems like they call me at all hours of the day and night. I don’t even know who they are. What can I do?

A: This is one of my favorite topics. Debt collectors, to me, fall into three categories. The first are debt collectors who are trying to do the right thing and collect money that people owe on some sort of debt. The second category of debt collectors is those collectors who are trying to collect debts that are owed and do not always follow the law. The third category are zombie debt collectors, those folks who collect debts that may or may not be owed. These people just file lawsuits in the hope of getting default judgments. One debt collector I know filed over 16,000 lawsuits in a five-year period.

Debt collection is a highly regulated business, especially in California. Debt collectors are obligated to follow the Fair Debt Collection Practices Act, or FDCPA. This is a federal law that sets out what collectors can and, more importantly, cannot do in attempting to collect a debt. California has a more strict version of the FDCPA called the Rosenthal Act. The Rosenthal Act is specific to California.

Basically, a debt collector can only call you at times that are reasonable. In California, we have determined that this is after 8 a.m. and before 9 p.m. A debt collector cannot call you outside of these times. A debt collector also cannot call you an unreasonable number of times. So, if the collector puts you on one of those robo-call systems and you get 20 calls an hour, that is probably unreasonable. But if you get one call a day, that is probably reasonable.

After a collector calls you, the collector has five days to send you the initial letter, called a dunning letter. This letters lays out your rights, including the right to demand validation of the debt. Failure to send this letter is a violation of the FDCPA and the Rosenthal Act.

When you first receive a call from a collector, take down the date, time, name and number of the collector. Keep a log. If the collector does not send you a letter within five days, you should contact an attorney. This consultation should discuss your case, whether you owe the debt, and whether this one violation is enough to bring a case. Usually, if the only violation is not sending a letter, I tell potential clients to just document it and move on. However, if you don’t receive the letter and the collector also told you that you are going to be arrested or they contact your neighbors, then you have a strong case and should consider pursuing it. But each case should be decided individually.