Christian & Small LLP
One Timber Way
Daphne, AL 36537
Michael A. Vercher
The proven Daphne collections lawyer at Christian & Small LLP are experienced in the effective resolution of collections lawsuits as related to the debtor-creditor collections in Alabama. Daphne collections attorneys are knowledgeable in all areas of general collections law, including but not limited to wage garnishment claims, retail collection cases and commercial collections in Daphne, Alabama. Clients will have the confidence of knowing that their case is being handled by an experienced and knowledgeable Daphne collections lawyer.
The Daphne collections attorneys have experience representing clients with collections claims involving:
The legal scope of Alabama collections law falls 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. Harassment, 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 creditors' 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 Daphne collections attorney should be consulted for specific requirements in your area.
The Daphne collections attorneys at Christian & Small LLP are distinguished by a history of successful collections claim recoveries. For experienced representation in a collections dispute, contact the Daphne collection lawyers at Christian & Small LLP in Alabama.