Consumer
The Consumer Law team provides legal assistance in the following areas.
- Creditor Harassment
- Garnishments
- Bankruptcy
- Repossessions
There are restrictions on what a debt collector may do when pursuing collection.
- A creditor may not contact you before 8 a.m. or after 9 p.m. and they must disclose their identity.
- You can stop debt collectors from contacting you by writing them a letter telling them to stop. You should also indicate in this letter why you cannot pay the debt at this time, the amount of the debt owed according to your records and a list of any violations of the Fair Debt Collections Act. This will only stop the phone calls but will not stop the creditor from suing you.
- The debt collector may not contact your friends, family or employer.
- The debt collector may not threaten or harass you.
- The debt collector may not attempt to trick you by acting as if they are from another agency or by sending you any false documents.
You may complain to the Federal Trade Commission or the Attorney General with a descriptive letter stating the abusive acts if you feel that these restrictions have been breached.
Federal Trade Commission
Bureau of Consumer Protection
Washington D.C. 20580
Attorney General
Bureau of Consumer Protection
30 East Broad St.
Columbus, Ohio 43215
Your wages can only be garnished if you have been sued and the creditor has won a judgment against you. A creditor can take up to 25% of your wages (less if you pay child support) every pay period and must serve you with notice 15 days before the garnishment order if filed with the court.
Creditors may not collect from the following:
- WELFARE CHECK (OWF or Disability Assistance)
- SOCIAL SECURITY CHECK
- SSI CHECK (Supplemental Security Income)
- UNEMPLOYMENT COMPENSATION CHECK
- VETERANS ADMINISTRATION CHECK
- OTHER RETIREMENT INCOME
The following types of property are exempt; however you must request a hearing with the court in order to protect these items. This must be done within five days of your receipt of the notice from the court.
- CLOTHING
- MOST HOUSEHOLD GOODS, FURNITURE, APPLIANCES
- RETIREMENT BENEFITS
- SOCIAL SECURITY BENEFITS, WAGES (partially exempt)
- A CAR VALUED AT LESS THAN $3,226 (or if its value less what you owe on it is less than $3,226.)
The law says that a creditor cannot take your home if your equity is $20,000 or less ($40,000 or less if you are married and own the home jointly)
Creditors may only repossess property that was used as collateral or if they have a court order. You do not have to let them into the home unless they have a court order. They must act peacefully and may not break into your house or your garage. If you order them to leave, they have to go.