Amy M. Levine & Associates, Attorneys at Law, LLC - Family Law, Bankruptcy, Probate Litigation, Criminal Defense
We now have a New Albany, Ohio location!

Columbus, OH 614-360-2942
Huntington, WV 304-519-4354
New Albany, OH 614-721-7726
Toll Free   888-641-0805

Columbus, OH 614-360-2942
Huntington, WV 304-519-4354
New Albany, OH 614-721-7726
Toll Free   888-641-0805

PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us via telephone or through video conferencing. Please call our office to discuss your options.

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Amy M. Levine
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Our Latest Blog Posts

Police lineups in Ohio can sometimes be flawed

According to a recent study, eyewitness identification contributed to 75% of wrongful convictions made in the case study area in New York. Therefore, Ohio courts have established strict guidelines that police and prosecutors must use before admitting eyewitness...

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You've probably heard about what to do after a car accident in Ohio. But do you know what not to do after a car crash? Learning these tips can help keep you safe during a stressful time. Here are several things to avoid doing after getting into a car accident. Don't...

Understanding how probate sales work

Probate is the legal process that occurs in Ohio in order to ensure that your debts are paid. It also ensures that the legal title of all of your remaining assets is transferred to the heirs and beneficiaries that you have named. If you have a will, the process of...

Tips to improve your credit after Chapter 7

Sometimes bankruptcy is the best option for your financial health. Unfortunately, filing for Chapter 7 comes with some side effects. For instance, you will take a significant hit on your credit score. However, this does not have to be a permanent situation. The...

Signs your child may be drinking alcohol

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When Debt Collectors Have You Down, Turn to Your Legal Tool Chest

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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

Police lineups in Ohio can sometimes be flawed

According to a recent study, eyewitness identification contributed to 75% of wrongful convictions made in the case study area in New York. Therefore, Ohio courts have established strict guidelines that police and prosecutors must use before admitting eyewitness...

Four mistakes to avoid after getting into a car accident

You've probably heard about what to do after a car accident in Ohio. But do you know what not to do after a car crash? Learning these tips can help keep you safe during a stressful time. Here are several things to avoid doing after getting into a car accident. Don't...

Understanding how probate sales work

Probate is the legal process that occurs in Ohio in order to ensure that your debts are paid. It also ensures that the legal title of all of your remaining assets is transferred to the heirs and beneficiaries that you have named. If you have a will, the process of...

Tips to improve your credit after Chapter 7

Sometimes bankruptcy is the best option for your financial health. Unfortunately, filing for Chapter 7 comes with some side effects. For instance, you will take a significant hit on your credit score. However, this does not have to be a permanent situation. The...

Signs your child may be drinking alcohol

Every adult knows the experience of being a teenager. Awkward moments and peer pressure prevail during those years. Adolescents often wrestle with temptations, including getting drunk. You may relate to the reasons for their consuming intoxicants. Still, there are...

Visit Our Blog

Contact Us For A
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