Debt Collector Harassment in Kentucky
Debt collector harassment is the intimidation, bullying, abuse, or coercion of consumers into paying off the money they owe. In Kentucky there are two things to consider when thinking about debt collection: harassment and misrepresentation. The presence of either of these things constitutes debt collector harassment and may require you to take legal action against the collector.
Debt Collector Harassment in Kentucky
When dealing with debt collectors, it is not unthinkable that you may encounter harassment from an individual or institution. According to Credit Defense Kentucky, a creditor cannot claim to be with a government agency, use profane language, disclose debt information to a third party, or call you past 9 p.m. Any such behavior constitutes harassment and you are well within your rights to have it stopped, by the courts if necessary.
If you are a victim of any of these examples of harassment, you may have a right to sue the debt collector for violations of the Fair Debt Collection Practices Act (FDCPA). An experienced Kentucky attorney can help you identify your options and build a strong case.
Misrepresentations by a debt collector refer to someone making false claims or accusations or using false, deceptive, or misleading practices. This also includes misrepresenting any debt you may have. See some examples of this and other Illegal Debt Collection Practices below:
- The amount of money you owe
- False threats saying they will have you arrested
- Saying they are an attorney if they aren’t one
- Threats to do something that the debt collector has no intention of doing
- Threats to take actions that are not within the confines of the law
If you think any Kentucky debt collectors may have misrepresented themselves to you, it’s important to remember that you have options. Get in contact with an attorney that understands debt collector law.
Who Are Debt Collectors?
Most people don’t know what a debt collector is until they have one incessantly calling them about paying off debt. So, who are debt collectors? Who do they work for?
Collectors come from a debt collection agency that works with creditors who are owed debts. If you have outstanding debt in Kentucky , such as credit debt, unpaid loans, and personal loans, your creditor may contact a debt collection agency. This agency then assigns a debt collector to your case.
When dealing with debt collectors in Kentucky, you could hear from Assured Management Services, GLA Collection Company, or the Louisville Collection Agency to name a few. The Better Business Bureau provides an online list of accredited collection agencies that you could hear from.
What Should You Do If You’ve Been Harassed By a Debt Collector In Kentucky?
Step 1: Know Your Rights
If you think Kentucky debt collectors are harassing you, then it’s important to become familiar with the Basics of the Fair Debt Collection Practices Act. The FDCPA was passed in 1977 to protect consumers from collection agencies. If a debt collector violates any of the harassment or misrepresentation rules, the victim has a right to sue the collector for violation of the FDCPA.
Step 2: Collect Records
If you’ve been harassed in Kentucky by a debt collector, it’s important to gather evidence. When dealing with harassment from creditors it is important to save certain documents to present to the court. You should attempt to keep a copy of all written correspondence between you and the collection agency. You may even want to produce phone records of the calls made to you. It is also important to send a Stop Contact letter to the debt collector, and keep a copy of this letter for yourself. In addition, you should send the letter by certified mail and keep a receipt. KYJustice provides a form for Stop Contact letters that you can use.
Step 3: Remain Calm and Act Deliberately
When you’re being abused or harassed by a bullish Kentucky debt collector, it’s easy to get angry and act impulsively. Unfortunately, this can cause you to say or do something detrimental to your case. Instead, try to remain calm and make all your actions deliberate and well-thought-out. Not only will this be better for keeping your stress levels low, but it will prove helpful if you go to court. You can show that you were respectful and calm while the debt collector was the one using abusive language.
Step 4: Ask for Debt Verification
If you’re constantly getting phone calls from Kentucky debt collectors harassing you about what you owe, you need to ask for debt verification. Not only will this show whether or not they are misrepresenting your debt, but the debt collector must also stop contacting you until they provide the information you requested. Debt verification should show the amount of debt you owe and the name of the creditor. You have 30 days to dispute the validity of the debt. If you don’t dispute the debt, the creditor will assume the debt is valid.
Step 5: Contact an Attorney
If you’re the victim of debt collector harassment, it’s time to stand up and fight back. You deserve to live a life free from abusive and repetitive phone calls. Kentucky attorneys that understand What to Expect When Suing for Debt Collection Harassment, and local debt collection laws, can help you make this possible. If the debt collector threatens to or does take legal action regarding your outstanding debts, working with an attorney becomes even more important.
Step 6: Present Your Case
By hiring an experienced Kentucky debt collector attorney, you have a better chance of winning the lawsuit and getting financial compensation for abuses such as phone harassment.
The Kentucky State Bar Association states that you have one year to file a lawsuit against a debt collector, and that year begins from the moment the collector has taken an illegal action against you. If your lawsuit is successful you could be granted $1,000 for the collector violating the law. In addition, the collector might have to pay all your court costs and attorney’s fees. However, winning a lawsuit does not necessarily discharge the original debt, and you may still be required to pay.
Because there are both federal and statewide debt collector laws, you could file suit in either a federal court or a state court. An experienced attorney in Kentucky could best help you decide the proper course of action.
Work With an Experienced Kentucky Debt Collector Harassment Lawyer
If you’ve experienced debt collector harassment in Kentucky, it’s time to put an end to it so you can move forward with life. There are laws in place to protect consumers from debt collectors. Legal assistance can help you to navigate these complex laws and defend yourself in court, if necessary.
Are you ready to find a debt collector attorney near you so you can finally fight back against the harassment? We can even help you connect with an attorney across Kentucky state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!