Broadly, the term "Collections" refers to the practice of creditors attempting to force debtors to pay what they owe. There are numerous laws and regulations in Spearfish, South Dakota that govern collection agencies, and strictly limit the types of tactics they are permitted to engage in.

What if I Am Owed Money in Spearfish, South Dakota?

If somebody owes you money and is refusing to pay, you have various options at your disposal. However, in doing so, you will be governed by very strict consumer protection laws that govern the collection of debts. Breaking these rules can hurt your chances at successfully collecting, and might even expose you to civil liability.

For example, when attempting to collect, creditors are not allowed to use abusive language, contact any third party about the debt, and of course they are not allowed to use threats of violence in an attempt to get their money.

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 Spearfish, South Dakota collections agency. If you go this route, it is essential to make sure that you hire an agency that is trustworthy, and follows the relevant law to the letter.

What if Someone Is Trying to Collect Money Against Me in Spearfish, South Dakota?

If you truly owe the money being sought, and you are able to pay it, you should of course do so. If the collection caller is behaving cordially, you should do the same. Even if the caller doesn't behave in a cordial manner, you should resist the temptation to respond in kind, and ask to speak with a supervisor, or simply end the conversation. Whatever you do, you should never ignore the issue. This will not make the problem go away.

Luckily, you have some options in Spearfish, South Dakota. First of all, you should attempt to directly contact the creditor, and see if some adjusted 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 might 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 retained the services of a Spearfish, South Dakota attorney, they might advise that you declare bankruptcy, depending on your specific situation. In any case, you shouldn't consider bankruptcy before weighing other options, and discussing the matter with an attorney.

How Can a Spearfish, South Dakota Collections Attorney Help?

If you believe that the collections agency is engaging in illegal or abusive activity, you should consult with a local attorney in Spearfish, South Dakota, as you might actually have a claim for damages against the collection agency.

If you are thinking about filing for bankruptcy, a good lawyer in South Dakota can help you with that process, too.