Many Ohio residents know what it is like to get behind on their personal bills. The stress created by their financial situations is often bad enough, but when creditors begin calling and demanding payment, it could only get worse. If you find yourself in this situation, you should know your rights under the Fair Debt Collection Practices Act.
Sometimes, small mistakes can turn out to cause significant damage to a consumer's credit. Every time a creditor sells an unpaid debt to another collection agency -- which is quite common -- it may show as a separate debt on the individual's credit report. Consumers in Ohio must know their rights, including what behavior of a debt collector is illegal.
Many Ohio residents have estate plans in place that determine what will happen to their assets after their passing. However, some forget to consider what will happen to their debts. Although the Federal Trade Commission prohibits debt collectors from holding family members personally responsible for the debts of deceased family members, some still try. This can become harassment, and abusive debt collection can be reported.
Some Ohio consumers who are facing difficult times may have to face those never-ending calls from collectors. The federal Fair Debt Collection Practices Act defines a debt collector as an entity who collects debts on behalf of others. This excludes the original creditor that extended the credit. Debt collectors not only collect unpaid debts for others, but they sometimes buy old outstanding debts, and any amounts of money collected will be for their own profit.
It is reported that approximately 70 million American consumers, including some in Ohio, have unpaid debts. Over 6,000 debt collection agencies nationwide are tasked with collecting these past-due amounts, and many have made themselves guilty of harassment. It is not uncommon for debt collectors to be abusive, and a list of recently proposed rules may protect consumers about some of their aggressive tactics.
Consumers nationwide, including in Ohio, are protected against the abuse and harassment by creditors or their collection agents. The Fair Debt Collection Practices Act (FDCPA) says nobody may be harassed, oppressed or abused by debt collectors. Repetitive phone calls, profane or obscene language and threats of any kind are not allowed. Creditors or their agents must identify themselves when they make collection phone calls.
Ohio consumers with past-due debts may have to endure many associated hardships. Even in cases in which payment agreements have been reached with creditors, debt collectors may become nuisances. In many cases, creditor harassment is committed by non-licensed companies that have no right to call consumers, and the calls often involve nonexistent debts.
Ohio consumers who are overwhelmed by debts may experience harassment by creditors or debt collection agencies. Although there are laws to protect consumers against unfair debt collection, the practice remains prevalent. Not all victims of such harassment know that they may take legal action against companies that unfairly hound them.
Ohio residents may be concerned about what will happen to their debts upon their deaths. Will their surviving family members be held responsible and be exposed to creditor harassment? There is no single answer to this question, because the type of debt and the existence of a co-signer will determine what happens to it.
Debt collectors will likely harass consumers in Ohio who are overwhelmed by debt and not able to make their debt payments on time. However, even if the consumers have not consulted with a bankruptcy attorney or filed for bankruptcy, they have rights. There are numerous laws that protect debtors against creditor harassment.