Debt collection is the process by which a person or entity who is owed money or property seeks payment for the debt. Debt collection may be performed by the person or entity who is owed the debt (the creditor), or may be performed by a third-party debt collector hired by the creditor to collect the debt on behalf of the creditor. Sometimes creditors sell the debt to another entity at a discounted value, and the entity that purchases the debt becomes the creditor.
Debts that are often the subject of debt collection efforts include (1) credit card debt; (2) car or auto loan debt; (3) medical debt; (4) student loan debt; (5) unpaid utility and telephone bills; and (6) personal loan debt.
If you owe money, you have a legal obligation to repay it. But state and federal laws—such as the Fair Debt Collection Practices Act—prohibit debt collectors from using deceptive or abusive behavior to collect the debt.
In West Virginia (WV), debt collection is regulated by both state statutes and federal law, including the Fair Debt Collection Practices Act (FDCPA). The FDCPA is a federal law that sets the standard for how debt collectors can behave when collecting debts, prohibiting deceptive, abusive, or unfair practices. It applies to third-party debt collectors who are collecting on behalf of another creditor, as well as to entities that buy debts and then attempt to collect them. Common types of debts subject to collection efforts in WV include credit card debt, auto loans, medical bills, student loans, utility bills, and personal loans. Under WV state law, creditors and debt collectors must also adhere to state-imposed regulations that may provide additional protections to consumers beyond the federal FDCPA. These regulations govern the actions that can be taken to collect debts, such as the timing and frequency of collection calls, the use of written notices, and the initiation of legal proceedings. Consumers in WV who believe their rights have been violated by a debt collector can file a complaint with the West Virginia Attorney General's Consumer Protection Division or seek legal recourse through the courts.