Ohio Collection Agency Laws
- Laws govern debt collection in Ohio.debt defined image by Christopher Walker from Fotolia.com
Debt collection agencies legally obtain the assignment of a debt from an individual or company that has been unsuccessful in retrieving the money it's owed. They perform actions designed to collect money from the debtor. The laws in Ohio, combined with federal laws, regulate the actions of debt collectors to protect consumers from deceptive practices while allowing for the collection of a legitimate debt. - The Fair Debt Collection Practices Act (FDCPA) is a federal statute applicable in Ohio that regulates debt collection agencies and monitors their business operations to curtail deceptive practices in debt collection. Debt collection agencies are prohibited from harassing consumers with calls repeated in quick succession, calling the debtor before 9 a.m. or after 8 p.m. or contacting the consumer at her place of employment. Debt collectors may not release information pertaining to the debt to a third party, except for the consumer's lawyer or spouse, and must cease contact with the consumer after receiving a written request. FDCPA also precludes threats of arrest that are not consistent with the law and abusive language used to intimidate consumers. If state law and FDCPA are inconsistent with respect to debt collection laws, the law that offers the consumer the greatest protection is applied. A collection agency's failure to comply with FDCPA may lead to civil litigation brought by the consumer.
- A collection agency in Ohio can accept evidence of an individual’s debt in the forms of an account or bill for the purpose of collecting the debt or pursuing litigation against the consumer. To take assignment of the account, the agency must voluntarily receive the properly executed transfer of title, which must be acknowledged by the company or person transferring the title. The assignment must also be in the form of a written agreement separate from other evidence that was used to prove indebtedness, and the account with the creditor transferring the title must be closed upon transfer.
- The collection agency may file a lawsuit for the collection of a debt in a court in the jurisdiction of the consumer and employ a lawyer who is licensed in Ohio. If the agency has more than one account that belongs to the debtor, it may consolidate the debt into one account for the purposes of collection or litigation.
Fair Debt Collection Practices Act
Transfer of Debt
Litigation
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