What are debt collector's prohibited practices?
Debtor and Creditor Law in West Virginia seeks to protect debtors from overly aggressive debt collection practices. Debt collectors are prohibited from engaging in certain practices that could be seen as an abuse of the rights of the debtor. One prohibited practice is the use of misleading information. This means that debt collectors cannot make false or deceptive statements about the debt, the amount or the consequences of not paying. Debt collectors are also barred from using a false name to collect the debt or communicate with the debtor. Another prohibited practice is the use of threats or coercion. Debt collectors may not threaten to take legal action or use force to collect the debt. They are also barred from threatening to take any of the debtor’s property or communicate with a third party about the debt. Debt collectors are also prohibited from engaging in unfair practices. This includes exorbitant collection fees, taking money from the debtor’s paychecks without the debtor’s consent or disclosing information about the debt to third parties without the debtor’s permission. Finally, debt collectors are prohibited from harassment. This includes using obscenities or making repetitive phone calls to annoy the debtor. Debt collectors may also not threaten the debtor’s reputation or publicize the debt. Overall, debt collectors are prohibited from engaging in any practices that may be seen as an abuse of the debtor’s rights or could be deemed unfair. If a debt collector violates any of these rules, the debtor is within their rights to file a complaint with the West Virginia Attorney General’s office.
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