FAQ
Unfair Debt
Have questions about filing for bankruptcy or consumer protection laws? We have answers. Review commonly asked questions about debt collection practices, bankruptcy, creditor harassment, and more.
If you get sued for a debt, that means the debt collector has filed a complaint against you in Magistrate Court or Circuit Court in West Virginia. You will be served with a copy of the Complaint and a summons either via certified mail or a process server which are often employed by the local Sheriff. Call us immediately if you have been sued because this is the first step that a debt collector must take before they garnish your wages or put a lien on your property, and you only have 20 days after being served to file your answer and dispute the claims.
Call us immediately to discuss your options and defenses at no cost to you. Many times, the debt collector’s claims are flawed, and we can either defend the claims or file a counter-claim against the debt collector.
The West Virginia Consumer Credit and Protection Act (WVCCPA), W.Va. Code §46A-1-101 et seq., is a West Virginia state law intended to protect consumers from bad banks and debt collectors.
At its core, the WVCCPA requires that debt collectors treat our citizens with respect when attempting to collect a debt. It prohibits abuse, unfairness, rudeness, coercion, deception, and a whole host of other tactics that debt collectors have traditionally used to strong-arm people into paying debts that they may not otherwise owe.
If you think a debt collector has violated the WVCCPA, call today to discuss your concerns with a WVCCPA attorney at no cost to you.
The Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §1692 et seq., is a federal law intended to protect consumers from abusive and deceptive debt collectors. At its core, the FDCPA requires that debt collectors be truthful and treat our citizens with respect when attempting to collect debt.
The Act was passed in 1977 and was specifically enacted because “There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.” 15 U.S.C. §1692(a). It prohibits abuse, unfairness, rudeness, coercion, deception, and a whole host of other tactics that debt collectors have traditionally used to strong-arm people into paying debts they may not otherwise owe.
If you think a debt collector has violated the FDCPA, call today to discuss your concerns with a FDCPA attorney at no cost to you.
It depends on any number of factors. For instance: Did you lose money or were you simply misled? Is the debt a personal debt or a business debt? How old is the alleged debt? For what was the alleged debt incurred?
If you think you may have a case, call us today to schedule an appointment at no cost to you.
Call us immediately. If we can’t help you, we know who can. But every single day you wait, the statute of limitations ticks by, and you could potentially lose your ability to bring a lawsuit if you wait too long (some statutes are as short as one year). Call us today to speak with an attorney at no cost to you.
A class action is a lawsuit filed on behalf of all the people who were injured in the same manner. In the consumer protection world, we often see collection letters that are misleading or seek the collection of illegal fees. While one letter may not present a significant case, filing a class action on behalf of all people who received the letter sends a powerful message to the debt collector and has the potential to actually change how they do business – protecting the marketplace for all of us.
If you think you received a deceptive collection letter, a letter seeking the collection of illegal fees, or any other claim that you think may be appropriate for class relief, call us today to schedule a free appointment with a class action attorney.
Call the Broadwater Law Group. Steve Broadwater, the firm’s founding member, has been fighting the good fight for over thirteen years. During that time, he has been active within the West Virginia Association for Justice and the American Association for Justice, the preeminent organization for attorneys representing injured people and people who have had their consumer or constitutional rights trampled upon. Call today to schedule an appointment with Steve and find a lawyer who will help you find justice.
In West Virginia, your wages can only be garnished by a private company if you are sued and a judgment is entered against you. Call us today if you’ve been sued or are being garnished to determine whether you have a defense to the claims or if the judgment was obtained unlawfully. Judgments can also be discharged in bankruptcy if there is no legal defense.
Yes. Numerous state and federal laws govern your rights when debt collectors call. You absolutely are entitled to stop those calls. Call us today to discuss your debt and what options you have to stop harassment from debt collectors.
Write everything down. Keeping a written record (like a journal) of everything that happens is an excellent way for you to preserve evidence if you think you may have a legal case, regardless of whether it’s for illegal debt collection or any other potential matter.
Call us today for a free consultation to determine if you may have a legal claim for illegal debt collection, harassment, or any other potential consumer claim.
