| Zoobejoido | Дата: Вторник, 15.03.2016, 17:48 | Сообщение # 1 |
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| Arthurpiels | Дата: Пятница, 17.06.2022, 19:58 | Сообщение # 2 |
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| If a debt collector has contacted you about a deceased family member’s debt, it is important to know your rights under the Fair Debt Collection Practice Act (FDCPA). In most cases, surviving family members are not responsible for a deceased family member’s debts. Our Cincinnati family debt collection lawyers are well-versed in your rights under the FDCPA. Can review your situation to help determine if you are responsible for the debt. Our bankruptcy attorneys can also help you put a stop to calls or other communication from debt collectors. Schedule a free legal consultation to learn more about how we can assist you. Who Is Responsible For A Deceased Family Member’s Debts? In most cases, the FDCPA requires a deceased person’s debts to be paid by their estate. If the estate does not have the funds to cover the debts, they usually go unpaid.
They had a joint obligation on a debt, like a credit card account. They provided food, shelter or other “necessaries” to the person before he or she died. They are the executor of the estate. Failed to comply with Ohio probate laws. Our Cincinnati family debt collection attorneys can advise you as to whether or not your situation fits one of those, or another exception. The last thing you want to deal with after the loss of a loved one is calls from debt collectors, especially if you have no legal obligation to pay the debt. Unfortunately, the fact that you are not obligated to pay may not stop creditor harassment or abuse. They may even try to deceive you into thinking you are required to pay your loved one’s debts. Fortunately, the FDCPA prohibits this type of conduct by debt collectors. There are also steps you can take to fight debt collection and communication from collectors, which a lawyer could advise you on. If you are contacted, provide the debt collector with the contact information of the person responsible for settling the deceased person’s estate.
If there is a will, it will name an executor who is responsible for settling the deceased person’s affairs. If the deceased person did not have a will, an administrator will be responsible for settling the affairs of an estate. Do not provide any personal information unless you can verify the person you are speaking to is a debt collector. People often pose as debt collectors and contact relatives of deceased people asking for personal information so they can commit identity theft. If you do not want to receive any more calls from the debt collector, write a letter making this request. Make a copy for your records and send the original via certified mail with a return receipt so you will know when the collector receives it. After receiving the letter, the collector is prohibited from calling you again, except to tell you he or she will not be contacting you again. The debt collector can also call to inform you of a lawsuit against your dead relative’s estate or the person responsible for the debt. You can get help writing a letter to the debt collector from our Cincinnati credit collection attorneys. We can also advise you on filing a formal complaint against debt collectors with the Federal Trade Commission or the Ohio Attorney General. It can be intimidating dealing with aggressive, harassing debt collectors who insist you have to pay a deceased loved one’s debts. No one should have to bear this burden alone, and that is why you need to contact our Cincinnati family debt collection lawyers. You need someone who will advocate for your best interests and fight to protect your rights. We can help you find out if you are legally responsible for your deceased loved one’s debt. We can also assist you in putting a stop to calls. Other correspondence from debt collectors.
Current cell phone voicemail is considered private enough for collectors to use without violating the FDCPA, though obviously leaving abusive or harassing messages would clearly break the law. Also at issue could be the use of social media to collect debts, which often veers into debt shaming. While the Federal law only applies to 3rd parties collecting personal debts, some state laws apply protections similar to the FDCPA to original creditors. Our corporate headquarters state of California is one such state, where debt collection laws restrict original creditors in similar ways to the FDCPA’s treatment of third-party collectors. The Better Business Bureau offers a discussion of state debt collection laws, and lists California, Florida, Hawaii, Iowa, Maryland, Massachusetts, Michigan, New Hampshire, New Mexico, New York, North Carolina, Oregon, Pennsylvania, South Carolina, Texas, Vermont, West Virginia and Wisconsin as states that enforce the FDCPA against original creditors. If debts are more recent and collection activity is legitimate, it can still be a genuine hardship for people in debt. We stand ready to help anyone who is struggling to become debt free. Put collection activity behind them.
Are your tired of creditors' harassing calls? Stanziale & Stanziale has the experience to help make the calls, threatening letters, and acts of intimidation cease. There are laws protecting you from creditor harassment even when you have a significant about of debt or are behind on your payments. If you feel threatened by creditor harassment, we can help you take legal action to defend yourself against creditors. Our attorneys have years of experience in stopping creditor harassment against our clients. When bankruptcy occurs, creditors must stop the harassment. Upon filing for bankruptcy, creditors will receive notice from the courts. If a creditor contacts you following the notice from the courts, they could be in violation of the court order.
Collectors likewise cannot threaten a borrower with actions that they have no intention of following through on, such as taking the borrower to court after the statute of limitations has expired. Acting as false creditors - There are some debt collection agencies that claim that someone owes them a sum of money, when in fact, this is not the case at all. “Debtors” who believe this is the case can request a validation notice from the creditor. In most cases, the debt collector will not respond. One of the key ways that Arizona’s Fair Debt Collection laws differ from the FDCPA is that Arizona requires all creditors to carry a license to collect debts within the state. A notice telling the debtor that they have 30 days from the date they received the notice to dispute the debt. Unlike the FDCPA, Arizona’s debt collection laws are criminal in nature. This means that any debt collector or collection agency that violates Arizona’s laws is committing a Class 1 misdemeanor. A debtor cannot legally sue a collection agency if it violates Arizona state law. Instead, the debtor must report the violation to the county or city attorney’s office. However, the debtor may still sue for monetary damages under federal law (the FDCPA) if a violation of this law has been committed. The principals of debt collection agencies (those who own them, run them, etc.) found guilty of violating Arizona’s collections laws can face jail time, fines, loss of licensure, and years of probation.
Source:
- https://nocollectioncalls.com
Tags:
collection harassment
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