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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.

Edwards & Taylor, LLC - Experienced Denver Bankruptcy Law Firm

Bankruptcy Information Center

At Edwards & Taylor, LLC, our attorneys have substantial experience in bankruptcy matters, including Chapter 7, Chapter 11, Chapter 12, and Chapter 13. Our creditor bankruptcy practice includes representing lenders in bankruptcy matters.

We also handle debtor bankruptcy matters, including asset protection, debt relief and creating an acceptable payment plan for the remainder. We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. We also help creditors enforce their rights under the Bankruptcy Code. We will continue representing clients in bankruptcy matters after October 17, 2005, the effective date of the new bankruptcy laws.

From our offices in Aurora, Colorado, we represent clients from the Denver Metro area, Littleton, Englewood, Centennial, Parker, and Castle Rock and statewide. Our office is conveniently located near the Denver Tech Center and offers free covered parking.

If you need a bankruptcy attorney, please contact us today, to schedule your free initial consultation.

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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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.

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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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If you need a bankruptcy attorney, please contact us, today, to schedule your free initial consultation.

Contact Our Firm

Edwards & Taylor, LLC
The Pavilion Towers
2851 S. Parker Road
Suite 1200
Aurora, CO 80014
Phone: 303-750-2303
Fax: 303-752-0946
Email our firm

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