Brand
We now have a New Albany, Ohio location!

Columbus, OH 614-360-2942
Huntington, WV 304-519-4354
New Albany, OH 614-721-7726

Columbus, OH 614-360-2942
Huntington, WV 304-519-4354
New Albany, OH

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.

Family Law

Bankruptcy Law

Criminal Defense

Personal Injury

Probate

You are here:
  1. Home
  2.  » 
  3. Articles
  4.  » When Debt Collectors Have You Down, Turn to Your Legal Tool Chest

Amy M. Levine
View Profile

Our Latest Blog Posts

Ruling limits when police can conduct searches without a warrant

When a person is subject to a police investigation in Ohio and the officers want to conduct a search, it can be difficult to know if they need a warrant. In recent years, these types of incidents have been a subject for debate. Understanding the limits under which...

Courts may be wise to reconsider their stance on police dogs

Ohio residents have likely read media stories about large drug seizures being made during vehicle stops after police dogs were alerted to the scent of narcotics, but this kind of reporting may have given law enforcement canines a reputation for reliability that they...

How vehicle accident fault could impact insurance claims

Every state has a law that applies when auto accidents occur, and especially when cases go to court. While most motor vehicle accidents in Ohio with obvious fault evidence are settled beforehand, this is not true in all cases. Insurance companies and claimants often...

Common things couples might overlook during their divorce

A divorcing couple often faces emotional and financial turmoil during the process. Dividing a single household into two futures, even if it is the best decision for both spouses, can cause significant stress and worry. Unfortunately, many couples become overwhelmed...

How to prepare financially for a divorce

Ohio is an equitable property division state, which means that you might be entitled to a majority share of a marital estate in a final divorce settlement. However, even if you are expecting to receive valuable assets as part of such a settlement, you'll still need to...

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.

Contact Information
This field is required.

disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

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

Ruling limits when police can conduct searches without a warrant

When a person is subject to a police investigation in Ohio and the officers want to conduct a search, it can be difficult to know if they need a warrant. In recent years, these types of incidents have been a subject for debate. Understanding the limits under which...

Courts may be wise to reconsider their stance on police dogs

Ohio residents have likely read media stories about large drug seizures being made during vehicle stops after police dogs were alerted to the scent of narcotics, but this kind of reporting may have given law enforcement canines a reputation for reliability that they...

How vehicle accident fault could impact insurance claims

Every state has a law that applies when auto accidents occur, and especially when cases go to court. While most motor vehicle accidents in Ohio with obvious fault evidence are settled beforehand, this is not true in all cases. Insurance companies and claimants often...

Common things couples might overlook during their divorce

A divorcing couple often faces emotional and financial turmoil during the process. Dividing a single household into two futures, even if it is the best decision for both spouses, can cause significant stress and worry. Unfortunately, many couples become overwhelmed...

How to prepare financially for a divorce

Ohio is an equitable property division state, which means that you might be entitled to a majority share of a marital estate in a final divorce settlement. However, even if you are expecting to receive valuable assets as part of such a settlement, you'll still need to...

Visit Our Blog

Contact Us For A
Free Consultation