Divorce in Ohio is an emotional and challenging time for all involved parties. The decision to seek legal representation might be upsetting, yet it becomes necessary due to various circumstances. The following may help you know when to seek legal help and how it can...
Family Law
Bankruptcy Law
Criminal Defense
Personal Injury
Probate
Amy M. Levine
View Profile
Our Latest Blog Posts
How will an OVI affect your college education?
Operating a vehicle while impaired is a criminal act that has far-reaching consequences. Not only are you likely to face license suspension and fines, but your college career might be at risk as well. Building a strong legal defense and presenting your case...
Common mistakes that can jeopardize a car accident claim
Being involved in a car accident can be a traumatic and stressful experience. In the aftermath of an accident, it's important to take the necessary steps to protect your rights and ensure that you receive the compensation you deserve. However, many people make...
Understanding undue influence and proving a will
Administering an estate does not always go smoothly. Unfortunately, not everyone acts in good faith when someone with substantial assets dies. Malicious individuals might try to take advantage of a sick or elderly person to inherit their wealth. Understanding the...
Effective ways to challenge breath test results in Ohio
Breath tests are meant to be an accurate way of determining a person's blood alcohol content (BAC). However, there are many factors that can affect the accuracy of breath tests. That means that if you're arrested for DUI, you may be able to challenge the test results....
Visit Our Blog
When Debt Collectors Have You Down, Turn to Your Legal Tool Chest
Contact Us For A
Free Consultation
Bold labels are required.
You owe someone money, and they want it now. Enter the endless stream of phone calls, foreboding letters and other disruption communications.
You just want the harassment to stop, but don’t have the resources to pay up or don’t agree with the charges. Where can you turn?
Unbeknownst to many consumers, there are strict laws protecting them from creditor harassment. Armed with a little information, these laws can help get debt collectors off your back. In addition, if you wish to address the debt issues underlying your collection problems, Ohio bankruptcy law could offer the solutions you’ve been waiting for.
Consumer Rights Under the Fair Debt Collection Practices Act
Under federal law, a debt collector is defined as anyone who regularly collects debts owed to others – for instance, collection agencies, certain kinds of lawyers and companies that buy delinquent debts in order to attempt to collect them. All debt collectors are prohibited from using abusive, unfair or deceptive practices in their collection efforts.
Among other things, the federal Fair Debt Collection Practices Act prohibits debt collectors from:
• Contacting you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree to it
• Harassing you with repeated phone calls, profane language or threats of physical or reputational harm
• Lying (including misrepresenting who they work for, falsely claiming that you committed a crime or will be arrested, or that they will seize, garnish or sell your property unless they are permitted to do so by law and in fact intend to follow through with the action)
• Trying to collect any additional fees or charges on top of the amount you owe unless the contract under which you incurred the debt specifically allows the charge
Any debt collector who violates these prohibitions could be answerable to you in court, so long as you initiate a lawsuit within one year of the violation. The collector may have to pay for damages you suffered at their hands (like lost wages or medical bills), your attorney’s fees and court costs, and up to $1,000 even if you cannot prove you incurred actual damages.
Take Action Against Creditors
The simplest way to keep debt collectors from contacting you is to request them not to do so in writing. Under the Fair Debt Collection Practices Act, once the collector has received your request, they may not contact you again unless it is to tell you there will be no further action or to announce that they have taken a specific action, like filing a lawsuit.
While a demand in writing should stop collectors from contacting you, it does not address the underlying issue of your debt. Creditors can still file suit against you to collect, forcing you to pay through legal mechanisms like wage or bank account garnishment.
If you can’t afford to pay in full, your best option to completely discharge debts may be bankruptcy. Bankruptcy will automatically stay collection efforts, and can ultimately eliminate all or most of your debt load. Speak to a bankruptcy lawyer to learn more about how bankruptcy can benefit you.
Amy M. Levine
View Profile
Our Latest Blog Posts
Why it’s never too early to see a divorce lawyer
Divorce in Ohio is an emotional and challenging time for all involved parties. The decision to seek legal representation might be upsetting, yet it becomes necessary due to various circumstances. The following may help you know when to seek legal help and how it can...
How will an OVI affect your college education?
Operating a vehicle while impaired is a criminal act that has far-reaching consequences. Not only are you likely to face license suspension and fines, but your college career might be at risk as well. Building a strong legal defense and presenting your case...
Common mistakes that can jeopardize a car accident claim
Being involved in a car accident can be a traumatic and stressful experience. In the aftermath of an accident, it's important to take the necessary steps to protect your rights and ensure that you receive the compensation you deserve. However, many people make...
Understanding undue influence and proving a will
Administering an estate does not always go smoothly. Unfortunately, not everyone acts in good faith when someone with substantial assets dies. Malicious individuals might try to take advantage of a sick or elderly person to inherit their wealth. Understanding the...
Effective ways to challenge breath test results in Ohio
Breath tests are meant to be an accurate way of determining a person's blood alcohol content (BAC). However, there are many factors that can affect the accuracy of breath tests. That means that if you're arrested for DUI, you may be able to challenge the test results....
Visit Our Blog