Anyone harassed by collectors should know their rights and what they can do to stop harassment. Being unable to keep up with your bills can be a huge source of stress. This stress shouldn’t be made worse by creditors who constantly harass you. There are plenty of steps you can take to ensure that debt collectors protect your rights. You also have options for taking action when your rights are violated.
Fesenmyer Cousino Weinzimmer is an Ohio bankruptcy law firm. Our attorneys are available to help you understand your rights and options for stopping creditor harassment and getting your finances back on track.
Your Rights as a Debtor
The Fair Debt Collection Practices Act is a body of laws that sets out what debt collectors are and are not allowed to do when trying to collect money. These laws specify that debt collectors cannot behave in ways intended to harass or abuse debtors. The act also outlines specific behaviors that debt collectors cannot engage in. For example, the act specifies that debt collectors cannot call your phone on repeat.
According to the law, bill collectors must send you an initial letter within five days of contacting you to tell you the amount of the debt you owe, the name of the creditor to whom you owe the debt, your rights to dispute the debt, and how to request verification of the debt. They must also identify themselves as bill collectors, provide their names, and not pretend to be someone else.
Debt collectors must follow certain laws designed to protect debtors from harassment. Some of the many things collectors may not do include:
- Call you before 8 a.m. or after 9 p.m.
- Threaten you or your family with jail or harm, or use obscene words
- Tell others about your debt or publish the names of those who owe debts
- Falsely represent that you have committed a crime
- Misrepresent the amount you owe
- Call you at work if you’ve notified them that your employer does not approve
If your rights are being violated by a creditor, you have options. You should understand the steps you can take on your own to stop creditor harassment. You can also contact our bankruptcy lawyers for advice and assistance.
Do you need help dealing with your creditors in Ohio? Call Fesenmyer Cousino Weinzimmer at 614-228-4435 (Columbus), 937-222-7472 (Dayton), or 877-654-5297 (Cincinnati) to speak with one of our experienced bankruptcy lawyers.
Dealing with Harassing Creditors
You don’t have to put up with debt collectors who violate your rights. There are many steps you can take to deal with harassing creditors.
First of all, you should make sure you’re still legally required to pay off a debt. Don’t rush to pay or give payment information that can be used against you. Making even a small payment is considered an acknowledgment of the debt and can have repercussions such as resetting the clock on a debt that is past the statute of limitations.
If you wish to dispute or request verification of the debt, send a letter requesting verification to the debt collector within 30 days of receiving the initial letter. You can specifically request not to be contacted at work, and if the debt collector knows that your employer disapproves, the collector may not contact you at work.
Stop Collectors from Contacting You
If you inform debt collectors that you have an attorney, they can contact the attorney and no one else. Otherwise, unless you have given prior consent, they can only contact third parties to find out how to reach you.
Send a certified letter asking not to be contacted anymore. If you have a problem with a debt collector, file a complaint with the Ohio Attorney General’s Office or (800) 282-0515 and with the Federal Trade Commission or (877) FTC-HELP (877-382-4357).
If you believe a debt collector has violated the federal Fair Debt Collection Practices Act or Ohio Consumer Sales Practices Act, you may sue the collector in federal or state court within one year from the date the violation occurred.
Your Right to File Bankruptcy
The most effective way of permanently stopping creditors from harassing you is to address the underlying debt. Our bankruptcy attorneys can review your finances and identify the best way to bring your debt back into good standing. In some cases, your lawyer may be able to assist with debt negotiation. If you are finding yourself overwhelmed with debt and dealing with creditors, you may wish to consider getting relief by filing for bankruptcy. There is an automatic stay that goes into effect once the bankruptcy is filed that stops collection efforts by creditors. This is a type of court order that immediately stops creditors from contacting you about debt repayment.
When debt becomes too overwhelming, filing for bankruptcy can be an effective way to regain control of your financial situation.
The two most common types of bankruptcy are Chapter 7 and Chapter 13. Chapter 7 bankruptcy allows you to discharge many types of debt quickly, often in a matter of months. It stops, prevents, or resolves collections, loan deficiencies, repossessions, wage garnishment, and civil judgments. Chapter 13 bankruptcy allows you to reorganize assets, consolidate your payments, and repay some or all of your debt affordably over a three- to five-year period. If you complete your court-approved repayment plan, you will receive a discharge that eliminates most of your remaining debts. A consultation with a debt-relief attorney will help you decide which option is best for you.
Contact Our Ohio Bankruptcy Lawyers for Help
The seasoned Ohio debt-relief attorneys at Fesenmyer Cousino Weinzimmer can help debtors dealing with harassment and threats of a lawsuit, even if a civil lawsuit, wage garnishment or car repossession is already pending against you. If bankruptcy is the answer, we will make sure it is done correctly, so you can stop collections and lawsuits and regain your peace of mind.
Our experienced bankruptcy attorneys serve clients across Ohio, and we have offices conveniently located in Columbus, Cincinnati, and Dayton. You’re not alone when it comes to fending off creditors who violate your rights. We’re ready to put a stop to the harassment and help you reorganize your finances.
Contact Fesenmyer Cousino Weinzimmer to set up your free consultation to examine your individual financial situation. Call today at 614-228-4435 (Columbus), 937-222-7472 (Dayton), or 877-654-5297 (Cincinnati).
