Unfair Collections

UNFAIR DEBT COLLECTION LAW FIRM in Columbus, Ohio.

Getting harassing letters and phone calls from a debt collector?

Getting collected upon for an old debt?

For a debt that is not yours?

A debt in the wrong amount?

You may already have tried to bring all of this up to the bill collector. But often, the bill collectors ignore your concerns and continue to press on with their collection tactics. However, you may have significant protections available to you under the Fair Debt Collection Practices Act.

IN FACT, YOU MAY HAVE A CLAIM AGAINST THE DEBT COLLECTOR FOR A VIOLATION OF THE FAIR DEBT COLLECTION PRACTICES ACT (FDCPA) (15 U.S.C. § 1692 et seq.).

Hiring a lawyer can be expensive, but the FDCPA provides payment for attorney fees if you win your case. If your case is strong, your only up-front fees will be the filing fee that must be paid to the clerk of courts.

Contact us immediately for a legal consultation!!!!! We don’t charge anything for a first meeting to assess your case.

Tell Me More About the FDCPA

The FDCPA is a federal statute enacted in 1978 to protect consumers from abusive, deceptive, and unfair debt collection practices. The purpose of the FDCPA is to protect consumers who have incurred debts that are primarily for personal, family, or household purposes. The following are just a few examples of consumer debts:

  • Medical/Hospital Expenses
  • Personal Credit Cards
  • Automobile Loans
  • Home Mortgage Loans
  • Check-Cashing/Pay-Day Loans

The FDCPA only regulates “debt collectors,” not creditors. The company you originally owed the money to is not covered by the FDCPA. But if that company has sent the debt out to another company to collect, or sold the debt to another company when it was in default, then the company trying to collect is subject to the FDCPA.

What Should I Do If A Debt Collector Is Contacting Me?

If you do believe that the collection people are violating the FDCPA, you should immediately send a letter to the debt collector disputing the validity of the debt. Always keep copies of written correspondence between you and the debt collector. The debt collector must then stop contacting you

until they have investigated the matter and sent you written verification of the debt or judgment. Also, it is perfectly legal and advisable that you record any conversation(s) you have with the debt collector, and you do NOT need to tell them you are doing so.

YOU SHOULD THEN IMMEDIATELY CONTACT AN ATTORNEY EXPERIENCED IN DEBT COLLECTION LAW.

How Do I know If I Have a Valid Case Against A Debt Collector Under the FDCPA?

Even if the debt is valid, you may have a claim against the debt collector. The following are just a few examples of possible violations:

  • Collecting on an old debt that is past the statute of limitations
  • Misrepresenting the amount of the debt actually owed (trying to collect more than is owed)
  • Failing to include certain language in initial collection letter advising you of your rights under the FDCPA
  • Failing to properly identify themselves as “debt collectors”
  • Threatening physical harm to you
  • Threatening that you will be arrested if you do not pay
  • Using obscene or profane language
  • Calling you early in the morning or late in the evening
  • Repeatedly calling you over and over in an attempt to harass or annoy you
  • Using a name other than their own true business, company, or organization name

The best way to determine if you might have a valid claim is to consult an attorney experienced in debt collection law for a free review and consultation.