Illegal Debt Collection Practices
Published 03/29/19 by Admin
If you have missed payments on a loan or have an old debt, you may soon be dealing with debt collectors. Although bankruptcy lawyers in Ohio can help you work toward discharging some or all of your debt, for your own protection, you should still be aware of what debt collection agencies are allowed do under the law.
Who Can Violate the Fair Debt Collection Practices Act
One of the important things to be aware of is that the Fair Debt Collection Practices Act (FDCPA) only applies to debt collectors. The act does not apply to creditors, themselves. If you have questions regarding your creditors or debt collectors you can contact a skilled attorney at the law offices of Barr, Jones & Associates LLP.
No Contacting Third Parties
It is illegal under the FDCPA for debt collectors to contact third parties about your debt. Collectors can only contact co-debtors, your spouse or your parents, if you are a minor. The only exception to this rule is if they are trying to find out your location, but they cannot disclose that you owe a debt or identify their employer unless asked.
A debt collector contacting you must do so in a certain way. They must specify they are contacting you to collect a debt. They cannot contact you at inconvenient times, for example between 9:00 p.m. to 8:00 a.m. Also, if they know you have an attorney, for instance, if you have hired Columbus bankruptcy attorneys, they cannot contact you directly.
Debt Collectors, also, cannot threaten or harass you. This means that they cannot threaten you with violence, use profane language when speaking with you, publish your name as someone who owes debts, or publicly list your debt for sale.
Benefits of Knowing the Law
If you know the bankruptcy laws in Ohio as well as the laws regarding debt collection, you can not only protect yourself from being unnecessarily and unlawfully harassed, but you can file a complaint against the debt collector or even sue for their improper conduct.