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Collections Law Firms

The legal scope of collections fall under debtor-creditor law, which governs situations in which one party is unable to provide payment for a debt to another. The process of collections refers to the pulled debit payment of a creditor. Commonly, a collection agency is an organization that seeks payment on debts owed by people or commercial entities. Most collection agencies typically operate as creditor agents and pursue the collection of debts for a fee or commission of the amount of debt owed.

Non-bankruptcy debtor-creditor law is governed mainly by state statutory and common law. Harrassment, defamation, or other unfair practices in attempts at debt collection may be curbed by tort claims in state court. States also regulate debt collection through statute. Congress has enacted the Fair Debt Collection Practices Act to regulate some debt collectors.

Creditors use judicial and statutory processes to have debts satisfied. Attachment is a limited statutory remedy whereby a creditor has the property of a debtor seized to satisfy a debt. Garnishment allows a creditor to collect part of a debt (for example wages) to satisfy the obligation. Replevin allows a creditor to seize goods, such as a security interest, that he or she has a property interest in, to satisfy the debt. Receivership involves the appointing of a third party by a court to dispose of the debtor’s property in order to satisfy the debt.

A debtor may attempt to fraudulently convey a piece of property to keep it out of the creditos’ hands. State laws seek to prevent this type of property transfer. Many states have adopted the Uniform Fraudulent Conveyances Act or its successor, the Uniform Fraudulent Transfer Act.

Every state has laws, which vary by state, governing the time in which a person or entity can file suit to collect a debt. Depending on state law and whether the debt is the result of a written contract, oral contract, open account,or promissory note, a creditor or debt collector gives up his right to file suit to collect a debt after a period of anywhere from 2 to 15 years from the time the debt became delinquent. Local laws should be consulted for specific requirements in your area.