It is not difficult to fall behind in paying your bills. Unfortunately, your money only stretches so far and you may find yourself overwhelmed by debt. Although your situation may seem impossible, you do have rights and you do have options. An attorney who is knowledgeable in the field of debt collection can help you in this difficult time. Get good legal advice to protect yourself.
Learn More Information About Creditor Harassment
When creditors are harassing you about paying them money, life can be very claustrophobic and you can feel as though you have no where to turn for relief. At the law firm of Boyle, Neblett & Wenger, our experienced lawyers can you assert your rights against debt collectors who are using tactics that are illegal under state and federal laws. We can teach you what creditors can and cannot do and what remedies you have against them.
It is important that you understand typical abusive collector tactics and what you can do to avoid and prevent them from happening. We can also educate you about the Fair Debt Collection Practices Act (FDCPA) and how you may be able to take a debt collector to court if the collector is violating this law. Contact our firm to speak with a Pennsylvania attorney and to get the honest answers you need about collection abuse.
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Frequently Asked Questions about Debtor-Creditor Law
Q: Are there limits on what debt collectors or collection agencies can do when they attempt to collect delinquent debts?
A: Yes. The main federal law regulating debt collectors is the Fair Debt Collection Practices Act (FDCPA), first passed in 1977. Congress was concerned about ongoing abusive debt-collection practices that negatively impacted the lives of consumer debtors both personally and financially. Congress also wanted to level the playing field between honest and upright debt collectors and those using deceptive collection practices. Your state laws also may provide additional regulation of debt collection.
Q: What are the main provisions of the FDCPA?
A: The FDCPA forbids debt collectors, both attorneys and nonattorneys, from using certain questionable methods when attempting to collect consumer debts of a personal or family nature. Basically, debt collectors may not use unfair practices, harassment or false statements.
Debtor-Creditor Law - An Overview
Debtor-creditor law involves the legal interactions between those parties that owe money and the parties to which the money is owed. Often an aspect of everyday life with little involvement by courts and lawyers, when debtor-creditor situations become more complicated, the legal entanglements and implications grow. That is when a competent and experienced debtor-creditor lawyer, like one from Boyle, Neblett & Wenger in Camp Hill, Pennsylvania, becomes an essential ally in reclaiming financial security, whether you are a debtor or a creditor. If you have debt-related legal questions, call Boyle, Neblett & Wenger today.
Creditors' Legal Remedies to Help Collect Debts
When a debtor fails to pay a debt, the creditor or the person or business to which the debt is owed, has several available remedies to help collect the money. These methods include nonjudicial self-help remedies and remedies that involve the courts. Self-help remedies include simply contacting the debtor directly and demanding payment. If informal attempts fail, the creditor may transfer the debtor's account to a debt-collection business, usually called a collection agency.
Nonjudicial Creditors' Remedies
An attorney with experience in debtor-creditor law can advise both creditors and debtors about their rights and remedies with respect to overdue debts and help them maintain their financial integrity. When a debtor fails to pay his or her debts in a timely fashion, the person or business to which the debt is owed has several available remedies to help collect the money. Although there are formal creditors' remedies that involve the courts, some methods do not require court involvement and are often referred to as self-help remedies.
Judicial Creditors' Remedies
Although more informal methods of debt collection are often effective, when negotiation and other nonjudicial means of collection are unsuccessful, a creditor may have to resort to assistance from the court system to collect a delinquent debt. If you are a creditor facing tough debt collection or if you are a debtor on the receiving end of such activity, a skilled debtor-creditor law attorney can be of tremendous assistance.
Debtor Options Short of Bankruptcy
Before making the decision to file for bankruptcy, a debtor should thoroughly consider other possible options. After all, bankruptcy can narrow future options by negatively influencing credit ratings and employment opportunities. Sometimes a viable alternative for handling problematic debt can be accomplished through informal negotiation or contractual agreement. If you are struggling with crushing debt, a debtor-creditor attorney can explain the range of legal remedies.
Fair Debt Collection Practices Act
Collecting debts can be a time consuming, complicated operation for many businesses, so to help them work with delinquent debtors in the collection process, creditors often contract with debt collectors or attorneys with knowledge of collection law and procedure. A person who gets a letter or a telephone call from a collection agency or attorney's office about a bill or debt may feel powerless. It may seem as though there is nothing that can be done to protect a person from those who are trying to collect money.
Debtor/Creditor Resource Links
Credit Cards How-To Guide
The Bankrate.com credit card center is a consumer guide to managing credit card debt.
Federal Trade Commission
Website for the Federal Trade Commission (FTC), the federal agency overseeing consumer protection issues.
Fair Debt Collection
This brochure answers commonly asked questions about a consumer's rights under the Fair Debt Collection Practices Act.
Vehicle Repossession
This FTC page offers consumer information about car repossessions.
Bankruptcy Basics
This resource maintained by the federal courts discusses bankruptcy in all its various forms.
