Debt Collection Defense From Experienced Cincinnati Attorneys
When a financial institution takes legal action against you regarding an alleged debt or a charged-off account, it can feel like an institutional attack that’s hard to defend against. However, it’s important to know that you have specific rights and protections under Ohio law. The debt collection defense attorneys at DeBlasis Law Firm are ready to fight for your financial reputation and assets.
The firm’s founding attorney, Rick DeBlasis, has over 45 years of experience in creditors’ rights, bankruptcy and complex litigation. Together with attorneys Thomas Meeks and Donald Lerner (of counsel), they can provide the experienced advocacy you need to fight back against aggressive collection tactics and defend your consumer rights.
How Creditors Attempt To Collect From Debtors
An original creditor may start the process of requesting payment on a past-due balance. However, third-party entities – commonly known as junk debt buyers – are often the ones who take legal actions to collect the money. They typically buy old debts as charged-off accounts to try and collect a profit on accounts the original bank gave up on. To secure payment, these creditors and collectors will typically initiate one of the following:
- Civil litigation: Initiating a formal credit card lawsuit to obtain a judgment
- Negotiation: Contacting individuals to reach a debt settlement for less than the full balance
- Asset seizure: Filing for a bank attachment or wage garnishment once they secure a judgment
- Credit reporting: Updating a consumer’s file under the Fair Credit Reporting Act, which lowers their credit score and pressures them to pay to restore their standing
In many cases, they lack the proper documentation to prove the chain of title. However, this does not stop them from pursuing a summons and complaint through the local clerk of courts. If you have encountered any of the above, contacting a debt collection defense attorney as soon as possible is a vital step. They can help identify any potential Fair Debt Collection Practices Act (FDCPA) violations and determine the possible steps you can take to shield your financial interests.
Your Consumer Rights Under The FDCPA And Ohio Law
There are federal and state laws in place that protect you from deceptive and abusive debt collection practices. The FDCPA sets strict boundaries on how a collector can behave. For example, they cannot:
- Contact a person at inconvenient times, such as before 8 a.m. or after 9 p.m.
- Use profane or abusive language or engage in constant, harassing telephone calls
- Make false threats of arrest or claim they will seize property without a legal court order
The Ohio Consumer Sales Practices Act also provides a defense against unfair trade practices from nonfinancial institutions. Collectors cannot threaten legal action or sue for most “zombie debt” once the statute of limitations has expired.
How A Debt Collection Defense Attorney Can Help You
As your legal counsel, the lawyers at DeBlasis Law Firm will:
- Examine the certificate of service and summons to ensure the creditor or debt collector met all legal requirements
- Draft and file a formal response to the court to prevent a default judgment
- Issue a discovery request to force the creditor to produce original contracts
- Negotiate settlements on your behalf, working to protect your personal property and prevent a bank attachment
The legal team takes a collaborative and personalized approach in every case. They will take the time to listen to your specific concern and look over every detail of the situation. You can rest assured that your case will receive the dedicated support and representation it deserves.
Answering Common Concerns About Debt Litigation
When you are facing a debt collection lawsuit, it’s normal to have many questions and concerns. Below are short answers to some of the most common questions the firm receives from its clients:
What should I do if I am served with a debt collection lawsuit?
If a person receives a summons, it is vital to check the filing date with the clerk of courts and provide a timely answer. Ignoring the complaint may lead to a default judgment. This can allow the creditor to begin aggressive collection activities such as seizing funds from a bank account.
How long can a debt collector pursue a debt in Ohio?
The timeline depends on the nature of the debt and the specific statute of limitations under Ohio law, which is usually six years from the date of the last payment or breach. Once this period expires, the debt is considered time-barred. However, some collectors may still try to pursue old accounts in hopes that the consumer is unaware of their rights.
Can a debt collector take money from my bank account without a judgment?
Generally, a debt collector must win a lawsuit and obtain a court-ordered judgment before they can initiate a bank attachment. There are rare exceptions for some government-related debts, such as unpaid taxes. However, most other creditors must obtain a judgment before seizing funds from a bank account.
Defend Your Financial Reputation And Future Today
When your credit or personal property is at risk, it’s important to get the legal counsel you need. Schedule a consultation with the debt collection defense attorneys at DeBlasis Law Firm today. You can call the firm’s office at 513-540-1024 or fill out the online form to get started.