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creditors' rights Archives

What qualifies as harassment?

No one likes being reminded of the debts that they owe, least of all those whose balances are long past due. As one representing creditors in West Palm Beach, you likely understand this better than most. People may often get defensive when told of their outstanding liabilities, and thus may be quick to accuse you of harassing them. Creditor harassment is an issue that federal regulators take very seriously. Therefore, you will want to be sure that you understand exactly what actions qualify as harassment

Involuntary bankruptcy basics

The popular opinion that many in West Palm Beach may assign to bankruptcy is that it is simply a way for individuals or businesses to avoid having to their debts. While many of those who seek bankruptcy protection are legitimately in a position where they cannot afford to meet their liabilities, the concern of creditors that debtors might purposefully be avoiding paying them may be legitimate. Knowing this, the federal government has structured the bankruptcy code in such a way as to prevent the privileges of bankruptcy from being abused. This includes allowing creditors to force debtors into involuntary bankruptcy

Are creditors subject to the FDCPA?

Having to collect from your company's debtors in West Palm Beach is no easy task. Doing so forces you to walk the delicate line between being assertive yet not completely destroying the potential for a continued business relationship. Yet ultimately, the need to collect what is owed to support your company's operations may require added effort on your part. When that is needed, debtors may be quick to claim your actions qualify as harassment, and thus are in violations of their rights under The Fair Debt Collection Practices Act. Is this true? 

Defending the rights of creditors

Often, people hear about debt from the perspective of someone who has borrowed more than they can ever afford to pay back. Write-ups and opinion pieces often focus on the challenges that debtors face, but it is important to draw attention to this issue from the perspective of creditors as well. Regrettably, delinquent borrowers have cost many creditors a staggering amount of money and the consequences of these debts can be overwhelming. In West Palm Beach and all over the state of Florida, creditors should go over their options and do what they can to recover debts.

Beware Violating An Automatic Stay

Once a debtor files for bankruptcy, the court places an automatic stay that prohibits creditors from taking further collection actions. However, some creditors do not always heed the automatic stay. Usually, this is not deliberate; it is simply because the creditor does not realize that the court has placed a stay.

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