Individuals and consumer rights advocates across the country have taken notice of a recent law in Arizona that was signed by Governor Jan Brewer in May. The new law makes it easier for debt collectors who are trying to collect on credit card debts, because it minimizes the evidence needed that ensures the proper individual is being targeted for the debt. In many states the current law states that a debt collection agency must ensure that the records are accurate and up to date, and any data entry errors that are identified must be corrected before any action can be taken.
The new Arizona law allows debt collection agencies who have purchased credit card debt to use a final billing statement or an electronic record as definitive proof that the debt is valid and the specified individual owes the credit card debt. This legislation does not help out consumers in any way, rather it makes it much easier for debt collection agencies. There have been cases where the credit card debt in question has been fully paid, but this information is not updated. In other situations the individual who owes the debt may have a common name, and the wrong individual may be targeted for collection activity.
Will other states adopt this policy and allow new laws concerning debt collection activity? This possibility has some Ohio consumers concerned. Even in Arizona where the new law is in place debtors still have options, and one of the best choices in many situations is to file for bankruptcy and get a fresh financial start. This can help manage or eliminate any credit card debt that you owe, regardless of who currently owns the debt. Arizona may have singled out credit card debt for this treatment but it is highly unlikely that Ohio will follow suit.
The problems with the new Arizona law are numerous. Unlike most cases, where the plaintiff must show that the defendant actually entered into a contract for the debt alleged and then breached this agreement, the new law sets a lower standard for any business or individual who owns a credit card account. This gives an unfair advantage to debt collectors because the burden of proof is very low, much lower than in any other type of case.
If you are experiencing financial difficulty and are having problems meeting expenses and monthly bills there is help available. In many cases bankruptcy can make your creditors back off and give you some breathing room thanks to the automatic stay in place once the bankruptcy petition is filed. An experienced bankruptcy lawyer can guide you through the bankruptcy process so that you get the results you are looking for and the clean financial slate that you need. It is essential that you speak with a qualified bankruptcy attorney as soon as possible if you are facing large amounts of debt and are having difficulty managing your finances and expenses.
The highly qualified bankruptcy attorneys at Richard West Law offer a free debt consolidation consultation to help you find the right answer for your unique debt problems and circumstances. Visit https://www.debtfreeohio.com or call (513)771-8700 or (937)748-1749 to get the answers you want, and the financial relief you are looking for.