Wilmington Bankruptcy Law Lawyer | Delaware Creditors Rights Attorney | Dover, Delaware Beaches, New Castle County, DE

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 creditors are harassing you, contact an experienced attorney today to discuss your rights and options for you to get out of debt.

If a person or a business owes you money and does not pay, there are several options available to you. You may choose to keep asking for voluntary payment, turn over the account to a collection agency, or even bring a lawsuit. The course you choose depends upon your situation and your goals. An attorney who practices in the area of debt collection can analyze the circumstances surrounding your claim, and will help you choose the best course of action for your individual situation.

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. Bill collectors must follow legal rules, and the courts will enforce your rights. An attorney who is knowledgeable in the field of debt collection will help you in this difficult time. Good legal advice is the best way you have of protecting yourself.

Credit is a necessity in today's economy, and many with bad credit are drawn to the promises of credit repair agencies. But remember the old adage, "If it sounds too good to be true, it probably is!" Many of these businesses advise you to take steps that are ineffective, or even illegal, and may charge you hefty fees. In the end, there is no guarantee that these agencies will be able to help you at all. An attorney with expertise in the area of consumer credit law is the best resource to contact about the lawful and effective steps you can take to improve your credit.

Wilmington, Delaware, Bankruptcy Attorneys

We only represent creditors in bankruptcy matters. The bankruptcy attorneys at The Hogan Firm, in Wilmington, Delaware, help businesses defend against claims from debtors in bankruptcy Court. We also file claims on behalf of creditors in bankruptcy court. Call (302) 656-7540 to schedule a free consultation.

At The Hogan Firm, we dedicate ourselves to protecting the rights of creditors in bankruptcy cases. If a debtor is trying to discharge their debt to you or your business in bankruptcy court, call our Wilmington, Delaware, office at (302) 656-7540.

Are you a creditor responding to a debtor's action in bankruptcy court? If your company needs an experienced bankruptcy attorney, The Hogan Firm is here to help. Call our Wilmington office at (302) 656-7540.

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.

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

The Art of Getting Paid: A Few Secrets from a Creditors’ Rights Expert
Tips for creditors from the New Mexico Business Journal.

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 Federal Trade Commission brochure explains the Fair Debt Collection Practices Act and how it applies to businesses and consumers.

Vehicle Repossession
This FTC page offers consumer information about car repossessions.

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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.

Bankruptcy Information