Watts Law Group, P.C. M.Stan Herring, P.C.

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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.

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Americans-both individuals and businesses-owe record amounts of money. In recent years, interest rates have been set at their lowest levels in nearly fifty years, and offers of "0% interest" on purchases have encouraged borrowing and buying on credit. If you are being harassed by creditors, contact an experienced attorney today to discuss your rights and how to get out of debt.

Alabama Bankruptcy Consumer Protection Attorneys

At Watts Law Group P.C. & M. Stan Herring P.C., we protect consumer's rights before, during, and after bankruptcy. We believe every consumer should be educated regarding his or her rights and the laws that affect them. Therefore, we have included some general information about bankruptcy on this page, and information about your rights under the Fair Debt Collection Practices Act and Fair Credit Reporting Act on other pages within this Website.

We hope this information helps if you are contemplating bankruptcy. If you are being harassed in violation of the Fair Debt Collections Practices Act before or after bankruptcy, you still have protection available and should contact us for a free confidential consultation.

In addition, if your credit report does not accurately reflect your discharged debt, and the credit reporting agency (CRA) does not fix your credit report after sending them proof (we recommend certified mail), review our Fair Credit Reporting information, or contact us for a free confidential consultation regarding how we can help you make them fix the errors in your credit report.

If you have questions about consumer protection laws, creditor harassment, or inaccuracies in your credit report, please schedule a free confidential consultation with our consumer protection attorneys by calling us at (205) 879-2447 or (205) 714-4443, e-mailing Mr. Watts or e-mailing Mr. Herring, or filling out our intake form on our Contact Us page.

Fighting to Protect Your Rights

Watts Law Group P.C. & M. Stan Herring P.C.
Alabama Consumer Protection Lawyers
Phone: (205) 879-2447 or (205) 714-4443

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 becomes an essential ally in reclaiming financial security, whether you are a debtor or a creditor. If you have debt-related legal questions, call one 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.

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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.

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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.

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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.

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