Debt collectors are becoming more aggressive in collecting debts. After all, their earnings depend on this. How aggressive are they willing to be? Some examples of the worst threats of debt collectors include dragging you to jail, taking your home, or killing your pet.
Of course, these claims are over the top, and most debt collectors you encounter won’t be like this. But if you’ve experienced anything even remotely like that, you may be terrified, and you may not know that there’s the possibility of recourse.
The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from failing to give you notification about the debt, harassing you, calling you at unusual times, and asking unauthorized third parties about your debt. Make sure to note that these kinds of threats aren’t just immoral—they’re actually illegal.
West Virginia FDCPA
To supplement the FDCPA, West Virginia enacted some statutes that impose added requirements on collection agencies. These include conditions such as the following:
- Acquiring a license to collect debts;
- Posting a bond; and,
- Recording all sums collected.
As a debtor, it is important to know which income and property are exempted from debt collection. These are assets that may not be taken from you by collection agencies based on your debt and a court judgment. The following are a few examples:
- All types of pension once cashed or deposited into your account;
- Social Security and Supplemental Security Income;
- Unemployment compensation;
- Disability and labor payments;
- TANF or the temporary assistance for needy families; and,
- Some of your wages.
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Just as with other states, the law imposes a statute of limitations (SOL) on debts. In West Virginia, the SOL for all consumer debts is 10 years. These include credit card debts, promissory notes and all other debts contracted orally or in writing.
It is necessary to be careful in dealing with deceiving and misleading debt collectors, especially if they ask you to pay more than you owe. You are better protected if you avail help from a West Virginia FDCPA attorney who can guide you on the best path to take with regard to your problems with debt collectors.
Get Help from a West Virginia FDCPA Attorney
There are numerous reasons why debtors fall behind with their debt payments. It could be due to job loss, medical emergencies, increased mortgage, divorce, disability, failed businesses, or other variables.
However, your debt collector will not care about them, no matter how reasonable they may be, and they may use harassment and abuse to get you to pay up. An FDCPA attorney in West Virginia will help you get rid of the stress and anxiety these collection agencies can bring about.
Whether you reside in Morgantown or in the small city of Bath, you are protected by the FDCPA in West Virginia. Not only can your West Virginia FDCPA attorney help you handle the debt collector—he can also initiate a civil claim on your behalf for the damages brought to you by a debt collector’s violation of the law.
Ask for a Free Evaluation Now
You may seek a free evaluation today to learn about the applicable FDCPA provisions and know your rights under them. Should the review of your situation indicate that you need a West Virginia FDCPA attorney, you can be connected to one to help you with your claim.