Debt Collector Harassment in Toledo, OH
Debt collector harassment is the intimidation, bullying, abuse, or coercion of consumers into paying off the money they owe. In Toledo, Ohio 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 Toledo, Ohio
According to Ohio’s Attorney General, debt collectors in Toledo must abide by both federal and state law. In fact, the Ohio Attorney General’s Office itself filed suit against Ohio-based Advanced Capital Solutions for debt collection harassment. Toledo consumers are protected from illegal business practices, including:
- Calling between 9:00pm and 8:00am
- Advertising the debt
- Sharing debt information with third parties, such as employers
- Calling continuously, with intent to harass or annoy
- Trying to collect on debts that are already paid
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 Toledo attorney can help you identify your options and build a strong case.
Misrepresentations
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 Toledo, OH 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 Toledo 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.
You may be contacted by a collection agency if you have overdue accounts in Toledo. Some collection agencies operating in Toledo include Ohio Collection Service, Finance System of Toledo Inc, United Collection Bureau Inc, and Lendmark Financial Services. The Better Business Bureau provides ratings and reviews for collection agencies operating in and around Toledo.
What Should You Do If You’ve Been Harassed By a Debt Collector In Toledo, Ohio?
Step 1: Know Your Rights
If you think Toledo 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
Have you been harassed in Toledo, OH by a debt collector? If so, it’s important to begin to gather evidence.
If you want to take action against debt collector harassment in Toledo, proof of a pattern of abuse can strengthen your case. To begin, Ohio’s Attorney General recommends sending a stop contact letter to the debt collector by certified mail, so you’ll have proof it was sent. If the harassment continues, you should save all correspondence received, even if it is disturbing. Additionally, keep all letters, envelopes, voicemail, and emails. If the collection agency is calling you from within Ohio, you may be able to record the conversations. This may be possible because Ohio is a one-party consent state.
Step 3: Remain Calm and Act Deliberately
When you’re being abused or harassed by a bullish Toledo 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 Toledo, OH 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. Toledo 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 Toledo, OH debt collector attorney, you have a better chance of winning the lawsuit and getting financial compensation for abuses such as phone harassment.
A Toledo debt collector harassment case could be filed in US District Court, Northern District of Ohio or in the Lucas County Court of Common Pleas. This is because harassment by a debt collector may violate both federal and state laws. Making this decision is a key first step in the process and can be confusing. Consequently, it is advisable to consult an experienced Toledo attorney.
The Federal Trade Commission states that you could be awarded damages, such as lost wages and medical bills. Even if you can’t prove damages, you could still receive up to $1,000 and be reimbursed for attorney fees and court costs. However, winning your case may not discharge the original debt.
Work With an Experienced Toledo, Ohio Debt Collector Harassment Lawyer
If you’ve experienced debt collector harassment in Toledo, OH 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 Ohio 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!
