If you are being harassed by a debt collector, please fill out the form below for an attorney consultation.

Are debt collectors:

  • Calling you or others continually?
  • Harassing, threatening, or lying?
  • Being otherwise unfair or abusive?

You could be entitled to money for the damages you've suffered if your debt collector is violating fair debt collection laws. YOU HAVE RIGHTS, don't be intimidated!


Do you think your fair debt rights are being violated by an abusive debt collector?

State and federal fair debt laws prevent debt collectors from using harassing, misleading, dishonest or unfair debt collection practices. These laws provide that victims of debt collector abuse can recover cash compensation from the collectors, and require the collectors to pay all your legal fees.

Would you like to learn more about how to sue a creditor or debt collector that has violated your fair debt rights at no cost to you?


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Kentucky Fair Debt Consumer Guide

Learn about your legal rights when facing Debt Collector Problems. Research the applicable laws that could help protect you when a debt collector is attempting to seize your assets, garnish your wages or continue collection of a debt that is outside Kentucky's Statutes Of Limitations. Kentucky phone recording laws could assist you in gathering proof of the debt collector's illegal tactics; find out whether recording your debt collector's phone conversation is permitted in your state.

The Kentucky Fair Debt Collection Consumer Practices Guide summarizes Kentucky's laws on wage garnishment, property and asset seizures and state statutes of limitations on debt collection and could provide the ammunition you need to stop or limit creditors and collectors from harassing you, garnishing your wages or bank accounts, and from seizing your property through liens, thus limiting your overall financial exposure.

This Guide does not include information concerning the FTC's Credit Practices Rule, state consumer protection laws or information regarding exemption provisions found in laws other than the state's general exemption laws and is not intended to substitute for the advice of an attorney.

Kentucky Consumer Debt Exemption Laws

If a debt collector threatens to seize your property or your assets, you could be protected under Kentucky’s Consumer Debt Exemption Laws. Read the summarized information below to learn how to protect what you own and what you cannot protect from seizure. You could significantly strengthen your bargaining position with debt collectors by knowing your rights under Kentucky Debt Exemption Law!

Kentucky Statutes

Kentucky has state opted out of federal bankruptcy exemptions. Kentucky. Revised Statutes Annotated § 427.170.

Wages: Kentucky Revised Statutes Annotated §§ 427.005 and .010(2).

Homestead: Kentucky Revised Statutes Annotated §§ 427.060, .070, .100, and .160.

Tangible personal property: Kentucky Revised Statutes Annotated §§ 427.010(1), .030, .040, .150, and .160.

Benefits, retirement plans, insurance, judgments, and other intangibles: Kentucky Revised Statutes Annotated §§ 427.010(1), .110 through .125, .ISO, and .160.

Kentucky Debt Statutes of Limitation

Your debt may have expired under Kentucky’s Statutes of Limitations, and may be considered uncollectible. Read the summary below to see the length of time certain types of debt can continue to be collected under the Kentucky Debt Statutes of Limitations, don’t let a collector threaten to take you to court over an expired debt.

Kentucky Debt Statutes of Limitation

Recovery of real property: 15 years (KRS 413.0 10).

Judgment, contract or bond: 15 years (KRS 413.110).

Breach of sales contract: 4 years (KRS 355.2- 725).

Contract not in writing: 5 years (KRS413.120). NOTE: Action for liability created by statute when no there is no time fixed by statute: 5 years (KRS413.120).

Action on check, draft or bill of exchange: 5 years (KRS 413.120).

Action for fraud or mistake: 5 years (KRS 413.120).

Actions not provided for by statute: 10 years (KRS 413.160).

Kentucky Wage Garnishment Procedural Requirements

Wage garnishment doesn’t mean a debt collector or creditor is entitled to take all your money. Under Kentucky’s Wage Garnishment Laws, there are limits and protections on just how much can be taken from your paycheck.

Read the summary below to learn your garnishment rights under Kentucky law.

Kentucky Wage Garnishment Procedural Requirements

After entry of final judgment in person against debtor, judgment creditor may file affidavit signed by him or his agent or attorney in the office of the clerk of the court in which judgment was entered showing date of judgment, amount due thereon, that one or more persons hold property belonging to or are indebted to the judgment debtor and obtain order of garnishment to be served upon garnishee in accordance with the rules of civil procedure.

The order of garnishment shall be served on the persons named as garnishees, and in addition a copy thereof shall be delivered by the garnishee to the judgment debtor or mailed to him at his last known address. Subsequent orders of garnishment against the same or other garnishees may be issued in the same manner until the judgment is satisfied. The order of garnishment shall be served in accordance with the Rules of Civil Procedure. It shall summon the garnishees to answer in the action in the manner and at the time required for an answer by the Rules of Civil Procedure, and to make due return thereof. Kentucky Rev. Statute. Ann. 425.501.

The garnishee may pay the money owing to the defendant by him, not exceeding the plaintiff's claim and costs, to the sheriff having in his hands the order of attachment, or into the court or to such person as the court may direct in accordance with the Rules of Civil Procedure; and to that extent he shall be discharged from liability to the defendant. He shall not be subjected to costs beyond those caused by his resistance of the claim against him; and, if he discloses the property of the defendant in his hands, or the true sum owing by him, and delivers or pays the same to the sheriff, or according to the order of the court, he shall be allowed his costs. Ky. Rev. Statute. Ann. _ 425.516.

Each garnishee summoned shall appear in person or by affidavit served and filed as above set out disclosing any sums, whether due or not, owed defendant and any property of defendant in control or in possession of garnishee. If garnishee defaults, court may compel appearance for examination by process of contempt or it may hear proof of debt owing or property held by garnishee and make order in relation thereto as if what is so proved had appeared on examination of garnishee. Kentucky Rev. Statute. Ann. 425.511.

Interest Rate at which Judgments Accrue Interest runs on judgments at rate of 12% compounded annually from its date, but judgment for accruing interest on written obligation bears interest according to instrument, whether higher or lower than 12%. Ky. Rev. Statute. Ann. 360.040.

Kentucky (Debt Collector) Call Recording Law

Under Kentucky State and Federal Call Recording Laws, you could record the actual recorded conversation with a debt collector in your efforts to stop debt collectors from calling! Kentucky is a one party consent state, meaning only the permission of one person on the call is necessary to record. YOU ALONE can be considered the one party to give consent, thus you do not need a debt collectors permission to record the phone conversation in the state of Kentucky.

Research and find additional information about Federal Call Recording Laws and learn what call recording procedures are legal in other states.

 

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