Attorneys Protecting The Rights Of Creditors In Litigation
Creditors come in all shapes and sizes, from the large commercial entity to the small personal lender. In many cases, regardless of size, their activities may be regulated by state law and federal law. Frequently, an attempt to collect a debt may prompt counterclaims for violation of state and federal statutes, or regulations. A collection demand or lawsuit could be met with the threat of a borrower’s bankruptcy or an allegation that a suit on the debt is time-barred or suffers from other procedural problems.
Do you know what your rights are, or what leverage you have, if your borrower files bankruptcy? Founding attorney Rick DeBlasis has over 45 years of experience counseling creditors and debt collectors to avoid running afoul of state and federal law, navigating the alphabet soup (TILA, RESPA, FDCPA, FCRA, Reg X and Reg Z, OCSPA) and advising his clients about the impact of a borrower’s bankruptcy.
Creditor Legal Services And Representation
The lawyers at DeBlasis Law Firm can help you with any issue you may be facing related to debt collection or creditors’ rights, including:
- Eviction litigation
- Commercial and residential foreclosure litigation
- Bankruptcy litigation
- Debt collection litigation, FDCPA
- Reg X, Reg Z and HUD regulations
- Credit reporting litigation, FCRA
- Mechanic’s lien litigation
As an attorney with decades of experience in debt collection matters, Rick will be able to advise you on your full list of options and recommend the course of action that is most likely to be effective.
Defending Creditors In Litigation
Rick has extensive experience representing lenders who have been sued under the various laws governing fair debt collection, credit reporting and truth in lending. He has represented businesses of all sizes throughout Ohio and Kentucky, facing allegations such as:
- Regulatory violations
- Making false representations
- Violating a bankruptcy stay
- Debt validation violations
- Contacting debtors in ways or at times that violate the Fair Debt Collection Practices Act
Litigation can be stressful, expensive and time-consuming. The firm’s lawyers will seek to resolve your legal dispute as quickly and efficiently as possible with an eye toward preventing future liability.
Addressing Concerns Regarding The Rights Of Creditors And Debt Collectors In Ohio
Creditors and debt collectors often face a complex web of regulations when recovering assets. Below are answers to some of the most common questions clients have regarding rights of creditors and debt collectors:
What are the most effective legal strategies for commercial debt recovery?
When you pursue commercial debt recovery, several legal avenues are available to secure your financial position, such as:
- Commercial litigation: Filing a formal lawsuit to obtain a court judgment against the defaulting party
- Mechanic’s liens: Placing a legal claim against a property to secure payment for labor or materials provided, provided an affidavit is filed within a certain period
- Foreclosure actions: Starting legal proceedings to take a mortgaged property when a borrower stops making payments
- UCC filings: Using the Uniform Commercial Code to protect your interests in business property or collateral
Choosing the right strategy depends on the nature of the debt and the current financial standing of the debtor. The attorneys at DeBlasis Law Firm can assess your situation and walk you through your options.
What consequences can creditors and debt collectors face if they break debt collection laws?
Failure to follow debt collection laws can lead to legal issues and financial loss for a creditor or debt collector. Ignoring these protocols may result in:
- Expensive counterclaims
- The payment of damages
- Government investigations that disrupt your business
An attorney can help you identify risks and provide counsel on legally compliant recovery efforts.
You Have A Legal Advocate On Your Side.
From its office in Cincinnati, DeBlasis Law Firm serves clients throughout Ohio and Kentucky. To discuss your legal needs with one of their attorneys, send them an email or call 513-540-1024.
