"Collections" is the process by which creditors attempt to get nonpaying debtors to pay the money they owe. There are a large number of laws in South Miami, Florida governing the tactics that collection agencies can and cannot do.

What if I Am Owed Money in South Miami, 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 laws that govern collections before you proceed, as breaking them can hurt your chances of collecting, and even expose you to liability.

Some practices that collectors cannot engage in include the use of abusive language, contacting third parties about the debt, and threatened or actual violence.

One thing you are allowed to do is send a written demand for immediate payment. The demand should lay out the exact amount you believe is owed, so the debtor cannot plausibly claim ignorance of that fact. If a lot of money is involved, it might be prudent to hire a South Miami, Florida collections agency. If you go this route, it is crucial to make sure that you hire an agency that is dependable, and follows the relevant law to the letter.

What if Someone Is Trying to Collect Money Against Me in South Miami, Florida?

If you really owe the money that is being sought, and can afford to pay it, you should do so. If the collection caller is behaving in a civil 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 South Miami, Florida. First of all, you should try 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 authorized 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 hired a South Miami, Florida lawyer to help, he or she might advise that you file for bankruptcy. If you do file for bankruptcy, creditors are immediately required to suspend all collection activities. Of course, bankruptcy is a major decision, and should not be made without the advice of an attorney.

How Can a South Miami, Florida Collections Attorney Help?

If you believe that a creditor is violating the law in its attempts to collect from you, you should get in touch with a South Miami, Florida attorney, since you might really have a claim for damages against the creditor.

Also, if you are considering bankruptcy as an option, a good Florida attorney can help guide you through the process.