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Member Firm Location
Agentis Coral Gables
Agentis Fort Lauderdale
Agentis Miami
Beresford Booth Lawyers Edmonds, Washington
Bernick Lifson, P.A. Minneapolis, Minnesota
Bivins & Hemenway, P.A. Tampa, Florida
Burch & Cracchiolo, P.A. Phoenix, Arizona
Carroll & O'Dea Lawyers Sydney, Australia
Christian & Small LLP Daphne, Alabama
Christian & Small LLP Birmingham, Alabama
Coleman & Horowitt, LLP Sonora, California
Coleman & Horowitt, LLP Visalia, California
Coleman & Horowitt, LLP Fresno, California
Coughlin & Gerhart, LLP Binghamton, New York
Degan, Blanchard & Nash, PLC Baton Rouge, Louisiana
Degan, Blanchard & Nash, PLC New Orleans, Louisiana
Demorest Law Firm, PLLC Royal Oak, Michigan
Demorest Law Firm, PLLC Detroit, Michigan
Dr. Frühbeck Abogados S.L.P. Madrid, Spain
Dr. Frühbeck Abogados S.L.P. Havana, Cuba
Eddins Domine Law Group, PLLC Louisville, Kentucky
Fowler Bell PLLC Lexington, Kentucky
Gordon Arata New Orleans, Louisiana
Gordon Arata Lafayette, Louisiana
Kohner, Mann & Kailas, S.C. Milwaukee, Wisconsin
Mateer Harbert, P.A. Orlando, Florida
Pamir Law Group Taipei, Taiwan
Pamir Law Group Shanghai, China
Russell Advocaten B.V. Amsterdam, Netherlands
Sklar Williams PLLC Las Vegas, Nevada
Smith Debnam Narron Drake Saintsing & Myers, LLP Raleigh, North Carolina
Wharton Aldhizer & Weaver, PLC West Virginia
Wharton Aldhizer & Weaver, PLC Harrisonburg, Virginia
Widerman Malek, P.L. Daytona Beach, Florida
Widerman Malek, P.L. Melbourne, Florida

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Collections Lawyers

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.