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Browse our 1 legal question about Debt & Collection in United States and the lawyer answers, or ask your own questions for free.
Debt and Collection laws in Kokomo, and the wider region of Indiana, are governed by both federal and state legislation. These laws aim to protect consumers from unfair and predatory collection activities by lenders and collection agencies. The Fair Debt Collection Practices Act and the Indiana Debt Collection Act are significant laws in this field. While the former regulates how debt collectors can conduct business and outlines rights and protections for consumers, the latter provides additional protections to Indiana residents.
You may need a lawyer in situations where you're faced with high amounts of debt, are being harassed by debt collectors, or are considering filing for bankruptcy. Additionally, if you're sued for a debt, it's recommended to seek legal advice. A lawyer specialized in debt and collection can help navigate these situations, explaining your rights and possible courses of action.
The state of Indiana provides additional protections to its residents under the Indiana Debt Collection Act. For instance, collectors cannot call you at work if they have been notified that employer does not approve. Moreover, debt collectors must stop contacting you if you provide a written notice to cease communication. These are among many protections provided by the local laws, and a thorough understanding of these can be critical in addressing debt-related issues.
Indiana sets a statute of limitations on how long a debt collector can sue you over a debt. For instance, open accounts like credit cards have a six-year limit. After this period, lawsuits cannot be filed.
Yes, if debt collectors obtain a court judgment against you, wage garnishment may occur under Indiana law. However, certain limitations exist protecting a portion of your income.
Under the Fair Debt Collection Practices Act, a debt collector cannot call you before 8 am or after 9 pm unless you allow them. They cannot contact you at work under Indiana law if they've been duly advised.
Yes, you can stop a debt collector from contacting you by writing a letter to the collector stating you want them to stop contacting you. After receiving your letter, they can only contact you to confirm there will be no future contact, or to inform you the debt collector or creditor intends to take specific action.
If a debt collector breaks the law, you can lodge a complaint with the Indiana Attorney General's office or the Consumer Financial Protection Bureau. You may also be able to sue the collector in state or federal court.
The Indiana Attorney General’s Office and the Federal Trade Commission (FTC) are important resources to know your rights and file complaints if necessary. Also, The National Association of Consumer Advocates can provide a list of attorneys specializing in debt collection in your area.
If you require legal assistance, consider contacting a local attorney who specializes in debt and collections. Prepare all relevant documentation like collection letters, bank statements, loan agreements etc., before consultation. You may also wish to file a complaint if you believe that a debt collector has violated Indiana Debt Collection laws or the Fair Debt Collection Practices Act.
