West Virginia Debt Collection Attorneys
Defending Consumers from Harassing Creditors
Creditors will stop at very little to get another penny out of you once you fall behind on loan payments. If you are being bugged at what seems like all hours of the day, then it is time to take action and protect yourself from further debt-related issues.
Katz Kantor Stonestreet & Buckner, PLLC offers debt collection defense representation to consumers throughout West Virginia. Our legal team is backed by more than 85 years of experience handling difficult cases like yours. We are known for our compassion and tenacity, which means you get a comfortable legal experience while the opposition needs to brace for impact if they meet us in court.
Let’s talk about your debt collections defense strategy today. Call (304) 713-2014!
Forms of Debt Harassment
The Federal Trade Commission (FTC) and the West Virginia Consumer Protection Act has rules in place to prevent creditors from harassing you about your debt. However, as you probably already know, many creditors disregard these rules frequently.
Five common forms of creditor harassment include:
- Calling multiple times in a row or throughout a single day
- Calling outside normal work hours, such as in the evening or early morning
- Calling a workplace to find and harass the debtor
- Using obscene language during calls
- Placing threats during calls, whether they are credible or not
- Making a debtor’s situation known to the public
Debt collectors and creditors hope that you will not have the courage or legal know-how to speak up and challenge them. Thankfully, you have found our talented West Virginia debt defense lawyers who are not afraid to take debt collectors head-on, in and out of court.
Debt Defense Strategies to Consider
The last thing a debt collection agency wants you to do is research how to stop them from collecting a debt. While it might not seem intuitive or possible, there are strategies you can utilize to stop the debt collector from harassing you. A commercial creditor or debt collector must stop calling you if you send written notice directing them to stop. The letter should be sent by certified mail with a return receipt requested. If a debt collector misrepresents the amount of money it claims is owed or to whom the money is owed it is violating West Virginia law. Additionally, a debt collector that gives inaccurate or false information to credit reporting agencies such as Equifax, Trans Union or Experian is violating the law. Therefore, it is important that your review your credit reports to ensure that information contained therein is accurate. If you believe that your credit report contains false or inaccurate information, you need to send a letter to the credit reporting agency disputing any false or inaccurate information contained in the credit report. Additionally, if you have retained an attorney to represent you regarding the debt that is claimed to be owed, you should inform the debt collector that you are represented by an attorney and give the debt collector your attorney’s contact information. You should also send this letter by certified mail with a return receipt requested. Once the debt collector is aware that you are represented by a lawyer, the debt collector must direct all communications to your lawyer. The creditor violates the law if they continue to call you after they receive notice of your legal representation.
Two of the most prominent debt defense strategies are:
- Filing for bankruptcy: When your debt is severe and you don’t think you can repay it, using bankruptcy might be beneficial. Once you file for a form of bankruptcy, an automatic stay will be created by the court, and it lasts until your bankruptcy case concludes. The stay prevents creditors from taking any money from you without permission and stops them from contacting you directly.
- Challenging the creditor’s lawsuit: If you have been sued by a commercial creditor it is important that you seek legal counsel immediately. The attorneys at Katz, Kantor Stonestreet & Buckner can review the Complaint filed against you to ensure it complies with the legal requirements of West Virginia law. Commercial Creditors or Collection Agencies must be licensed in the State of West Virginia and must comply with West Virginia’s specific pleading requirements. If the commercial creditor or collection agency violate West Virginia’s Consumer Credit Protection Act or other West Virginia law, you may be able to assert a counter-claim against the Commercial Creditor or Collection Agency and seek statutory and other damages.
Use Your Right to Consumer Protections – Call Now
Consumer debts can be challenged if you do it right. To understand your options and use them proficiently, team up with our West Virginia debt collection lawyers at your first opportunity. We take pride in being there for people in need, especially when they are feeling out of options due to the oppressive strategies of debt collectors.
Get more information during a free initial consultation. Call (304) 713-2014 today.
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