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Double Jeopardy in the World of Debt Collecting
Is it illegal for a debt collector to seize your paycheck if another collector already has? Troy Doucet, the firm principal here at Doucet & Associates Co., L.P.A., shares advice and legal knowledge regarding the issue in the article Can a Debt Collector Come After Me if My Wages Are Already Being Garnished on Credit.com.
Doucet advises that a consumer lawyer should be contacted to help you when a debt collector is trying to seize your wages for something your wages have already been seized for. You as the consumer have the right to a hearing if you are being put at a disadvantage by two sources simultaneously for the same reason. Debt collectors do not always communicate with each other so there is a possibility this could happen. If the collectors are targeting you for different debts though, your possessions could also be at risk.
Debt collection laws vary state to state. In Ohio, a debt collector cannot take your wages or possessions without suing you and being awarded the right to first. Debt collection harassment is also a difficult action for a consumer to deal with. If you feel you are being targeted for debt that is not yours, a letter sent through the mail is the proper way to end this harassment. If you send a letter and are at fault for the debt then the collector may contact you one last time to inform you that they intend to take legal action. You can access more information on doucet.law regarding how to send the letter and what to include in the letter by clicking here.
The Fair Debt Collection Practices Act (FDCPA) protects consumers federally from debt collectors. The FDCPA protects consumers from being contacted in the workplace and ensures a written letter is the correct way to end collection harassment. The FDCPA also helps collect damages from debt collectors at fault and helps enforce that the debt collector will cover the charges for your attorney fees in the end if the collector is found at fault.
How to Stop Debt Collection Calls
Debt collection agencies use a wide range of tactics to collect on past-due accounts. Many are illegal, including:
• Threatening arrest or jail time; • Calling employers about the debt; • Robocalling or texting a cell phone; • Calling before 8 a.m. or after 9 p.m.; • Saying liens will be placed on income; • Threatening violence; • Telling a lie, misstating the debt; and • Mailing a letter with false information in it.
Consumer lawyer Troy Doucet of the Dublin-based law firm Doucet & Associates Co., L.P.A. says consumers have the right to stop collection calls and letters. He explains that the most straightforward method is to write a letter to the collector asking it to stop calling. Collectors must comply with any written demand. Thus, Doucet recommends you make a copy and send it certified mail. Debt collectors are not required to stop calling if the request is only over the phone – the cease and desist demand must be in writing.
Another way to stop the collection agency from calling is to retain a lawyer. The moment a collection agency is aware of legal representation it must immediately stop calling and instead work directly with the debtor’s attorney. There is no written requirement here – merely telling the collector you are represented by counsel ends their ability to contact you further. However, Doucet notes that you must tell them your attorney’s name and phone number when asked.
The federal law governing debt collectors is called the Fair Debt Collection Practices Act (FDCPA). The law has considerable teeth, and the damages available to people under the law include requiring the collector to pay all attorneys’ fees and expenses. The law is designed so that any single violation of the law – including calling after a cease and desist letter is sent – triggers the law’s full protection and damages. Doucet recommends that anyone being harassed by a debt collector seek out legal representation. As he puts it, “going through a tough time in life does not give a debt collector the right to walk all over you.”