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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32325
Experience:  Began practicing law in 1992
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Can banks be charged with abuse of power in trying to collect

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Can banks be charged with abuse of power in trying to collect on a judgment ?

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

Abuse of power is really a charge that is brought against government officials of one kind or another.

JD 1992 :

If you are trying to pay them the full amount then you might have a cause of action for harassment or the Ohio Consumer Sales Practices Act.

Customer:

Is there anything illegal about what they are doing

JD 1992 :

However, those wouldn't apply if you are trying to get them to settle for something less than the full amount they are owed.

JD 1992 :

No, not unless you are trying to pay them in full.

JD 1992 :

Unless the actions themselves are somehow illegal.

JD 1992 :

If they were, for instance, continually garnishing a bank account that they were aware contained only social security funds (which they can't garnish) then you could file for sanctions.

JD 1992 :

But if they are just extremely aggressive and using legal means then there isn't anything that can be done.

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