Bankruptcy and Debt Collection Harassment

Experienced Toledo Bankruptcy Lawyer providing Personal and Business Bankruptcy Attorney legal needs in Toledo, Northwood, Oregon, Sylvania, Lucas County, Wood County, and the surrounding Northwest Ohio communities.

Call Lawyer, Edward Schimmel at 419.693.0911

Call Lawyer, Brian Hizer at 419.841.3600

According to the Fair Debt Collection Practices Act, there are specific guidelines which credit card debt collection agencies must follow, and tactics which are prohibited by law.

Violations of the Fair Debt Collection Practices Act which are documented and reported may be costly to the companies which have chosen to fail to comply with the acceptable debt collection guidelines.

Practices which are considered violations of the Fair Debt Collection Practices Act include:

Harassment - Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:

use threats of violence or harm;
publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
use obscene or profane language; or
repeatedly use the phone to annoy someone.

False statements - Debt collectors may not lie when they are trying to collect a debt. For example, they may not:

falsely claim that they are attorneys or government representatives;
falsely claim that you have committed a crime;
falsely represent that they operate or work for a credit reporting company;
misrepresent the amount you owe;
indicate that papers they send you are legal forms if they aren’t; or
indicate that papers they send to you aren’t legal forms if they are.

Debt collectors also are prohibited from saying that:

you will be arrested if you don’t pay your debt;
they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.

Debt collectors may not:

give false credit information about you to anyone, including a credit reporting company;
send you anything that looks like an official document from a court or government agency if it isn’t; or
use a false company name.

Unfair practices - Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:

try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt – or your state law – allows the charge;
deposit a post-dated check early;
take or threaten to take your property unless it can be done legally; or
contact you by postcard.

The Fair Debt Collection Practices Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. However, the FDCPA does not cover debts you incurred to run a business.

Brian Hizer and Edward Schimmel have the experience and resources to effectively guide you through the bankruptcy legal process. We always strive to provide the highest standard of legal representation to aggressively pursue your bankruptcy legal goals.

If you require experienced legal advice and representation from a qualified Bankruptcy Law attorney (lawyer), please call our offices to schedule a confidential legal consultation.

Call Lawyer, Edward Schimmel at 419.693.0911

Call Lawyer, Brian Hizer at 419.841.3600

TOLEDO BANKRUPTCY ATTORNEY PROVIDING PERSONAL AND BUSINESS BANKRUPTCY LAWYER SERVICES IN TOLEDO, NORTHWOOD, SYLVANIA, OREGON, MAUMEE, PERRYSBURG, BOWLING GREEN, LUCAS COUNTY, WOOD COUNTY, AND THE SURROUNDING NORTHWEST OHIO COMMUNITIES.