"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 Smyrna Beach, Florida governing the tactics that collection agencies can and cannot do.
What if I Am Owed Money in New Smyrna Beach, Florida?
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.
Several practices that collectors cannot engage in include the use of abusive language, contacting third parties about the debt, and threatened or actual violence.
Creditors may, however, send written demands for timely payment, along with an invoice that precisely lays out exactly what the debtor owes. If the debt is significant, it might be worth it to hire a New Smyrna Beach, Florida collection agency, which usually gets paid through a percentage of the debt collected. You should make sure, however, that the agency is reputable, and hasn't been cited for violations of consumer protection laws.
What if Someone Is Trying to Collect Money Against Me in New Smyrna Beach, Florida?
If you actually 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.
Fortunately, you have some options in New Smyrna Beach, Florida. First of all, you should attempt to contact the creditor directly, and see if something can be worked out. If this doesn't work, you can demand that the collection agency stop contacting you by phone. When this happens, they are not allowed to contact you further. This, of course, doesn't make the debt go away, but if the calls are becoming unbearable, it might buy you a little bit of time. Usually, when this happens, the creditor gives up on extra-judicial collections, and files a lawsuit against the debtor.
If you have retained the services of a New Smyrna Beach, Florida attorney, they may advise that you declare bankruptcy, depending on your particular situation. In any case, you shouldn't consider bankruptcy before weighing other options, and discussing the matter with an attorney.
How Can a New Smyrna Beach, Florida 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 Smyrna Beach, Florida attorney, since you might actually have a claim for damages against the creditor.
Also, if you are considering bankruptcy as an option, a seasoned Florida attorney can help guide you through the process.