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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.
In Kokomo, as with the rest of the United States, debt and collection laws are legal frameworks that dictate how debt can be collected, the rights and protections of debtors, and the limitations placed on collection agencies. Typically, these laws guide permissible actions regarding personal, household, and family debts such as credit card debt, medical bills, and auto loans. These protections are outlined in the Fair Debt Collection Practices Act (FDCPA) at the federal level. However, Indiana - the state in which Kokomo is located - also has its own collection laws that work together with the FDCPA.
There are several situations when you might require an attorney's services. The most common is when you are being contacted by collection agencies persistently. An attorney can help protect your rights and navigate the legal processes. If your creditors file a lawsuit against you to recover the debt, getting legal representation becomes even more critical. Furthermore, if you're considering filing bankruptcy to manage your debt or if you believe your consumer rights have been violated, you should also consult an attorney.
Although the FDCPA protects consumers across the United States, Indiana has additional laws pertaining to debt collection. Indiana Code §24-4.5-5-202, prohibits a debt collector from engaging in conduct which can be construed as oppressive or abusive. Furthermore, debt collectors in Indiana cannot misrepresent the character, amount, or legal status of a debt that is owed. Small Claims Court in Indiana can only handle cases involving debts of up to $6,000.
Harassive practices include making repeated phone calls, threatening violence, using profanity, publishing your name as an offender, or falsely representing themselves or the amount you owe.
These laws typically apply to personal or household debts, such as money you owe on a personal credit card account, an auto loan, a medical bill, or your mortgage.
No. Under the FDCPA, a debt collector cannot contact you at inconvenient times or places unless you agree to it. Inconvenient times generally include before 8 a.m. and after 9 p.m.
If a debt collector violates the FDCPA, you have the right to sue in a state or federal court within one year from the date of the violation.
You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you of a specific action the collector or the creditor intends to take.
You may consult the Federal Trade Commission's website, the Consumer Financial Protection Bureau, and Indiana's Department of Financial Institutions for more resources related to debt and collection laws.
Should you find yourself needing legal advice or assistance in debt and collection cases, it may be best to contact an attorney familiar with debt collection laws in the Kokomo region. They can help guide you through the complex legal process, understand your rights, and ensure you get the most favorable outcome possible.
