You owe money, and harassment by nasty, abusive, and intimidating debt collectors is ruining your life. What can you do to stop your phone from ringing and being harassed at home or even at work?
The good news is that debt collector harassment is not legal, and there are federal and Ohio laws that prevent unfair debt collection. Both the federal Fair Debt Collection Practices Act (FDCPA) and the Ohio Consumer Sales Practices Act protect debtors from abusive, deceptive and unfair debt collection practices. If collectors refuse to stop these practices, there are steps you can take to make them stop, including suing them in federal or state court within one year from the date the violation occurred.
If you find yourself overwhelmed by debt collector harassment, getting legal assistance is essential. The skilled and seasoned Ohio bankruptcy attorneys at Fesenmyer Cousino Weinzimmer understand all aspects of debt and the ways creditors attempt to collect it. We offer a free consultation to examine your individual situation and help you get back on the road to recovery. Call one of our conveniently located office branches at 614-228-4435 (Columbus), 937-222-7472 (Dayton), or 877-654-5297 (Cincinnati) or email for your free consultation.
The FDCPA is a federal law governing how debt collectors are allowed to pursue consumer debts. It does not apply to the original creditor who gave you the loan, but to third-party debt collectors who buy your loan at a discount or take a percentage of what they collect.
In addition, there are Ohio statutes on debt collection. The Ohio Fair Debt Collection Practices Act § 1319.12 has requirements for collection agencies to start litigation for the collection of an assigned account and states that this must be done in a court located in the county in which the debtor resides. Also, the act requires collection agencies to use an attorney admitted to the practice of law in Ohio and to comply with the federal FDCPA.
To increase the chances of winning a lawsuit against collection agencies you should:
If you have gotten into a situation where you are drowning in debt, you may want to consider filing for bankruptcy, which offers powerful protections against debt collectors and collection lawsuits. Once a Chapter 7 or Chapter 13 bankruptcy case is filed, there is an automatic stay which prevents creditors from contacting you for any reason and protects against lawsuits, foreclosure and garnishment.
While filing for bankruptcy may be a last resort, often it is the best solution for debtors who need a chance for a fresh financial start and a path to a brighter future. If you’re a good candidate for bankruptcy, filing can keep creditors from harassing you and seizing your possessions, allow debts to be forgiven, and provide a way for you to keep many of your assets and begin to rebuild your life.
If you find yourself overwhelmed by creditor harassment, the experienced Ohio debt-relief attorneys at Fesenmyer Cousino Weinzimmer can help. We offer a free consultation to evaluate your entire financial situation and determine the best fit for your particular circumstances. We will make sure you are aware of all your options and help you decide on the financial recovery path that makes sense in your individual case. We know the courts and the system and will walk you through the process every step of the way.
Delaying can only worsen your situation, so call the Ohio attorneys at Fesenmyer Cousino Weinzimmer today. Call one of our conveniently located office branches at 614-228-4435 (Columbus), 937-222-7472 (Dayton), or 877-654-5297 (Cincinnati) or email for your free consultation.
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