What can I do if I am being threatened by a debt collection agency?
If you are being threatened by a debt collection agency in West Virginia, there are certain steps you can take. First, make sure that you have copies of all correspondence with the debt collection agency, including any payment records or other documentation. Second, review the Fair Debt Collection Practices Act (FDCPA) to determine whether the attempts to collect on the debt are in violation of the law. Some common violations include threatening to use violence or other criminal means to collect a debt, using obscene or profane language, contacting you before 8am or after 9pm, or attempting to collect more than the amount you owe. If the debt collection agency is in violation of the FDCPA, you can file a complaint with the Federal Trade Commission (FTC). The FTC can investigate the debt collection agency and potentially take legal action against them if their actions have been illegal. You can also contact a consumer rights attorney, who may be able to help you understand your rights under West Virginia collection defense law and help you file a lawsuit against the debt collection agency if necessary. Lastly, if the debt collection agency continues to contact you, consider sending them a “cease and desist” letter. This letter should notify the debt collection agency that you do not want to receive any more contact from them and that any future attempts to collect on the debt will be considered harassment.
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