During difficult times, it is common for many individuals to fail to pay their debts on time. Needless to say, this results to stress. There is no need to further heighten such pressure by the harassing and abusive attitude of debt collectors.
You can reverse the situation by being the one to go after them if they violate the federal Fair Debt Collection Practices Act (FDCPA). This statute regulates the conduct of debt collectors in the United States to protect consumers.
Unlike other states which enact their own legislations that complement the federal FDCPA, Kentucky does not have a particular local law. However, consumers in Kentucky are still protected against debt collectors since the FDCPA is fully implemented in the state.
Under this law, debt collectors are prohibited from practicing acts that constitutes the following:
Since Kentucky is a “one party consent” state, a debtor has a better chance of getting strong evidence against collecting agencies that violate the FDCPA. This rule allows an individual to record a phone conversation with a debt collector even if he is unaware of it, as long as you are a party to the call and is the one who records it.
Supplying a Kentucky FDCPA attorney with such proof of FDCPA violation will make it easier for him to claim for damages against the collector on your behalf.
Kentucky Statutes of Limitations on Debts
Debts have statutes of limitations and it varies from state to state. Kentucky has one of the longest statutes of limitations imposed on debts, that is, 15 years for promissory notes and debts acquired through written contracts, and 5 years for those under oral contracts.
Credit card debts are considered open-ended accounts and Kentucky law does not provide specific limitations on them. It may be a case to case basis and could run from 5 to 15 years depending on court decisions. An FDCPA attorney in Kentucky can give you guidance on this matter.
Get Advice from a Kentucky FDCPA Attorney
Despite having a relatively long statute of limitation for debts in Kentucky, debtors need not worry about coming across debt collectors that causes them stress. Such abusive and inappropriate acts remain illegal and should not be tolerated.
You only need to get assistance from a Kentucky FDCPA attorney and he will be the one to put this collector in his proper place.
In fact, an FDCPA attorney in Kentucky can help you claim for monetary damages against violating collecting agencies. If this does not stop him from his harassments, you will end up being the one to collect from him if awarded with various damages including the following:
- monetary remedies;
- additional damages up to $1,000;
- damages for physical distress;
- recovery of lost wages; and,
- attorney’s fees and legal costs.
The FDCPA applies in the entire state and as residents of Louisville, Lexington or small cities like Harlan and Hollow Creek, your Kentucky FDCPA attorney can be of your assistance.
Get a Free Evaluation
The best way to know if your rights are violated under the FDCPA is through accurate information about the relevant laws. A Free Evaluation can help you assess your situation without the need to pay anything immediately.
Should a claim is deemed necessary, you will be connected to an FDCPA attorney in Kentucky to assist you in getting remedies.