Ohio Debt Collection

We’re Not Gonna Take It

• The Fair Debt Collection Practices Act (FDCPA) governs debt collectors and debt-purchasers.
  
• This means anybody using letters or telephones to collect debts for, or bought from, another creditor.
• The original creditor is still is exempted from the FDCPA.
  

The FDCPA Don’t List in Ohio:

Under FDCPA, collectors may not:

• Call to harrass, annoy or abuse.
• Call when they know the debtor is represented by an attorney.
• Call a debtor’s place of employment after being advised such conduct is unwelcome.
  
• They may not pretend to be attorneys or cops.
  
• The law prevents them from making threats to sue, or garnish, unless they mean to do it.
• They may not curse at you.
• The FDCPA prohibits collectors from contacting family or friends about your debts.
• They may not threaten to, or display in media, false information to a credit report to help collect the debt.

The FDCPA Do List In Ohio:

• Within five days of initial contact, debt collectors must mail notice of your right to dispute the debt.
  
• Collectors must identify themselves and notify debtors, at each point of contact that the communication is from a debt collector, and any information received will be used to collect a debt.

Never Fear:

• Frankly, many debt collectors are shady.
• They they’ll won’t be caught abusing debtors.
• More and more, creditors  outsource their collections to call centers in parts of the world.
• Foreign collectors usually have no clue as to the legal customs of America or Ohio.
  
• These collectors routinely violate the FDCPA.

Turn The Tables:

• When a collector violates the FDCPA take the records and find an attorney specializing in debt collection defense.
• Your local bar association should be able to help if you don’t know one.
  
• Violations can cost collectors $1000 per incident plus reasonable attorney’s fees.
• Remember: Bankruptcy stops all collections, because the “automatic stay” protects filers from collections. Find an Ohio Bankruptcy Lawyer