If you are struggling to pay your bills or do not think you owe a particular bill, then it is important to know your rights under Federal and State law for. It is stressful enough to be in debt, you do not need to put up with harassment from debt collectors or debt collection lawyers.
If you have filed for bankruptcy in the past, we can help you protect the fresh start you worked so hard to get. Our consumer protection attorneys can help you understand your rights. If a debt collector has violated the law, we can help you get compensation for it. At our firm, we typically take these cases on a contingent fee or fee shifting basis, meaning we do not get paid unless we obtain a successful settlement or court judgment for you. A Cleveland fair debt collection lawyer is ready to fight for your rights.
What is the FDCPA?
The Fair Debt Collection Practices Act (FDCPA) is a federal law that provides limitations on what debt collectors can do when collecting on consumer debts, which is a debt you owe for a personal, family, or household purpose. In addition, debt collectors have to comply with the Ohio Consumer Sales Practices Act (CSPA). A knowledgeable lawyer in Cleveland understands fair debt collection laws and how to use them in a suit.
Debts Covered by the FDCPA & CSPA
The FDCPA and CSPA covers mortgages, car loans, credit cards, cable service, cell phone service, former landlords, student loans, and medical bills in Cleveland. Debts discharged by a bankruptcy filing are included. Debts for governmental taxes, fees, or penalties are excluded. An attorney in Cleveland could help determine an individual’s debt categorization under FDCPA.
Who is a Debt Collector?
Debt collectors are companies separate from the original lender, finance agency, or creditor. Debt collectors are typically collection agencies, debt buyers, and lawyers who regularly collect debts as part of their business. A creditor that is collecting on a debt you owe to the creditor is not a debt collector. A lawyer understands these differences and who is operating fair debt collection in Cleveland.
10 Things Debt Collectors Cannot Do
- Harass, oppress or abuse you, such as threatening you with jail or arrest
- Use any false, deceptive, or misleading representation or means in connection with the collection of any debt, such as inflating the amount you owe or lying about who they are when they contact you
- Fail to provide certain validation information when they first contact you in writing about a debt
- Call you at work or at home after you tell them to stop contacting you
- Call you more than seven times within a seven-day period
- Call you within seven days after engaging in a phone conversation with you about a particular debt
- Contact you on social media about a debt if the contact or message is viewable by the general public or by your contacts, friends, and followers
- Refuse or fail to identify themselves when sending you a direct or private message
- Fail to include a way for you to stop receiving messages from them
- Attempt to collect a debt that was discharged in a bankruptcy case
You are entitled to dispute the debt if you do not feel you owe it. You are also entitled to tell the debt collector to stop contacting you if you do not want any more calls or messages. However, the debt collector can still sue you for the fair debt. If a debt collector has acted unfairly, an attorney in Cleveland could file a claim for compensation.
Debt Collection Tips We Recommend
Keep a diary of the date and substance of any calls or communications with a debt collector. If you request validation of the debt in writing, keep a copy of the letter you send. A lawyer in Cleveland could use this information for a suit under FDCPA.
Contact a Cleveland Fair Debt Collection Attorney
If a debt collector is trying to secure a debt you feel was discharged when you filed for bankruptcy, reach out to our Fair Debt Collection lawyers today. Our legal team knows the FDCPA, the CSPA, and the bankruptcy laws. Call our office to discuss your claim and schedule a free case strategy session.
Cleveland, Ohio 44113