Creditors can contact borrowers about the monies that they owe. They can try to collect on that debt. But there are still specific guidelines that they have to follow. If they don’t do so, then these efforts to collect could turn into illegal forms of harassment. How...
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Creditors’ Rights
What are a creditor’s rights during Chapter 7 bankruptcy?
The consequences of filing for bankruptcy can be both far-reaching and enduring. One of the most significant implications is how it affects creditors and their rights to pursue a claim against the bankruptcy estate. If you are a creditor, understanding Chapter 7...
When does debt collection turn into harassment?
Debt collection is an integral part of the credit system. It encourages people to pay their debts and keeps the economy running smoothly. However, there are rules that debt collectors must follow when collecting a debt, including not harassing people to get them to...
Some nursing homes and their collectors are violating the law
It’s been 35 years since the Nursing Home Reform Act (NHRA) become law. It provides, in part, that a guaranteed payment from family members or others can’t be required for a person to be admitted or allowed to continue to stay. The Consumer Financial Protection...
Discussing a debtor with a third party: What to know
Trying to collect money that’s owed to your company may seem like a daunting task. For some, especially small businesses, getting all of the money due to them is critical to their survival. While it’s understandable that there should be some urgency, you must still...
Can you hold a cosigner responsible for an unpaid debt?
As a lender or other creditor, there are numerous laws that limit your rights and dictate what you can do to collect on debts and past due accounts. It can be quite confusing to try to seek repayment, especially in a situation where there may be more than one party...
Adhering to the law as you collect on debts
You’ve provided goods or services to the highest standard. You’ve lived up to your side of the bargain, but the customer is still refusing to pay the amount you are owed. This can be both infuriating and costly to your company. What can you do about it? How can you...
What creditors need to know about the FDCPA
When a person or business owes them money, some creditors would stop at nothing to get that money from them. That’s why federal law protects those who owe money from unfair and harassing collection tactics. Specifically, the Fair Debt Collection Practices Act (FDCPA)...
How does bankruptcy affect collection attempts?
Debtors who have more bills than they do money each month may decide that they’re going to file for bankruptcy. This is a legal method of doing away with part or all of the debt they owe. There are different types of bankruptcies. Some require the person or business...
Does your right to collect on a debt end when a debtor dies?
As a creditor who is owed money because you extend financing as part of your business or because you have a judgment against someone, the law protects your interests. Even if there are limitations on how you can collect that debt, you have a right to repayment unless...