Legal Question in Credit and Debt Law in Ohio

Firstly, the FDCPA prohibits a debt collector from misrepresenting the nature and amount of the debt due and owing. Thus if the amount the debt collector is alleging is due has been inflated without just cause, then that would be a violation of the FDCPA.

Further, if you can get hold of the dunning letters being sent to the old address, you will want to send the debt collector a letter disputing the validity of the debt and asking them to validate the debt and get back with you. This will give rise to a duty upon the debt collector's part to validate the debt and get back to you with the results of their investigation within 30 days of getting your dispute letter.

Naturally, you will want to keep copies of every letter you send to the debt collector and that the debt collector sends to you. When you send you debt validation letter, you will want to send it certified mail, return receipt requested so that you can prove that the debt collector received it and when they received it.

If you do compromise the debt with them and make payment, make sure you do not send them a check tied directly to any bank account you own. Rather, get a cashier's check or money order to send to them. This is because if they get your checking account info, they may take the whole amount the allege is owed from your account.

Lastly, they will not be able to garnish your accounts without a judgment from the court. You will want to take a look at the court's records from the area where they have been sending the dunning letters to make sure that they have not actually sued you yet there.