Unfair Debt Collection

Debt collection companies make harassing phone calls to debtors and their neighbors prompting the debtor to agree to new payment terms and penalties. You may feel that agreeing to their demands or filing for bankruptcy is your only option so you can avoid further embarrassment and harassment. If you’re getting harassing calls and considering filing bankruptcy, there may be other options available to you. The law protects consumers from harassment and you may have rights being violated by creditors. An attorney can help you understand your rights and your options.The lawyers at Bailey, Javins & Carter, L.C., represent clients in cases involving unfair collections. When you work with our firm, we will listen to your concerns, answer your questions and help you determine the right solution for you. If a creditor has violated consumer protection laws, this may involve an unfair debt collections claim. If bankruptcy is in your best interests and necessary to stop harassing phone calls, we have access to attorneys who can file bankruptcy for you. Our firm handles all legal matters regarding unfair debt collection, including:

What starts as a simple contract for a credit card, car loan or other loan, can quickly become very problematic and threatening once it is handed over to a collections agency. The West Virginia Consumer Credit and Protection Act and the federal-level Fair Debt Collection Practices Act are two well-known sets of guidelines designed to protect individual consumers from unfair collections practices. These laws set forth standards such as the following:

  • Debt collectors must identify themselves when trying to collect debts.
  • They should not attempt to communicate with debtors in connection with collection of any debt at unusual times or places.
  • They should not harass or abuse anyone while attempting to collect debts.
  • They should not use false, deceptive or misleading representation.
  • They should not use unfair methods to collect debts.


The rules laid out in these consumer protection acts are much more detailed and specific than this abbreviated list. Creditors and debt collection agencies are very familiar with the rules — yet time and again, they break the rules.

Unfair debt collection tactics can take a great toll on consumers. Often, debtors sincerely want to deal with debt, without filing bankruptcy. Unscrupulous debt collection practices may make it difficult or impossible to do so. The best solution may include filing lawsuits against debt collectors who violate the laws on fair debt collection practices.

Committed to Helping You


The fact that you have come to this website may mean that some debt collection activities have infringed on your freedom and well-being. Have you received repetitive, harassing or deceptive phone calls? Did a debt collector levy your bank account or garnish your wages? You may suspect that creditors or debt collection agencies did not follow correct procedures before taking these actions.
Bailey, Javins & Carter, L.C., is a valuable source of information and advocacy for barraged debtors. Our attorneys can assist with cases involving mortgage modification misconduct and consumer fraud. We can help you join class-action lawsuits or bring individual lawsuits against creditors or debt collectors as necessary. Talk to us and let us help you explore your options for gaining relief from illegal debt collection activities.

We work on a contingent fee basis. We do not get paid unless you do.

Free Initial Consultation With a West Virginia Consumer Protection Attorney

Contact BJC to schedule a free initial consultation with our plaintiffs’ lawyers in Charleston, Logan or Summersville.