"Collections" is the process by which creditors try to get nonpaying debtors to pay the money they owe. There are a huge number of laws in New Castle, Delaware governing the tactics that collection agencies can and cannot do.

What if I Am Owed Money in New Castle, Delaware?

If you are owed money and the debtor won't pay, for whatever reason, you are entitled to seek collection by any lawful means. Of course, the means of collection that are considered "lawful" are quite limited. You should be aware of the rules that govern collections before you proceed, as violating them can hurt your chances of collecting, and even expose you to liability.

As an example, when attempting to collect, creditors may not use abusive language, contact third parties regarding the debt, or use violence or threats of violence.

You may, however, send a written demand for timely payment which lays out to the debtor precisely how much is owed. If a large amount of money is owed to you, it might be a good idea to hire a collections agency in New Castle, Delaware. These agencies usually take their fee in the form of a percentage of the debt collected. You need to research agencies thoroughly however, and make sure the one you hire does not engage in illegal practices.

What if Someone Is Trying to Collect Money Against Me in New Castle, Delaware?

If you truly owe the money that is being sought, and can afford to pay it, you should do so. If the collection caller is behaving in an amicable manner, you should try to do the same. In any case, the worst thing you can do is ignore the issue hoping that it will go away. It won't.

Luckily, you have some options in New Castle, Delaware. First of all, you should try to directly contact the creditor, and see if some altered payment plan can be worked out. If this doesn't work, you can ask the collectors to stop contacting you by phone, and they will typically be obliged to do so. Of course, this doesn't make the debt go away, but it may give you some time to collect yourself and prepare a legal defense. Once this happens, the collection agency can only contact you to inform you that it intends to sue you for the debt owed.

If you have hired a lawyer in New Castle, Delaware, they might advise that you apply for bankruptcy. Of course, whether or not this is a good idea depends strongly on the facts of your specific case, so you should not do so unless an attorney has reviewed the facts and determined that bankruptcy is a possible solution.

How Can a New Castle, Delaware Collections Attorney Help?

If you believe that a creditor is violating the law in its effort to collect from you, you should get in touch with a New Castle, Delaware attorney, since you may actually have a claim for damages against the creditor.

Also, if you're considering applying for bankruptcy, a seasoned attorney in Delaware can tell you if this is a good option, and, if it is, help you through the process.