Ohio Debt Collection

Bully_Free_ZoneWe’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