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Creditors, financial institutions and other companies responsible for collecting debts from consumers or other businesses must abide by strict state and federal rules and regulations. When companies fail to follow these rules, they often face severe penalties for debtor-creditor violations.
Our attorneys at Eller Tonnsen Bach, LLC have years of experience handling such complex legal cases. We know the law. We understand how the legal system works. We’re also prepared to do the research and investigate your case in detail in order to build the strongest possible legal defense. That’s why we’re the law firm corporations, businesses and professionals choose to represent them in South Carolina and North Carolina.
What is a debtor-creditor violation?
A debtor-creditor violation often involves violations of the Fair Debt Collection Practices Act (FDCPA), a federal law created in 1977 that is an extension of Consumer Credit Protection Act. The FDCPA provides legal protections designed to protect the rights of debtors. Examples of FDCPA violations include:
- Creditors failing to send written notification about a debt to a debtor, the most common FDCPA violation.
- Creditors repeatedly contacting debtors, especially on the phone.
- Creditors providing inaccurate information to debtors, including the amount owed.
- Creditors calling debtors earlier or later than the allowed time under the FDCPA.
- Creditors using abusive or obscene language when contacting debtors.
- Creditors failing to report a debt discharged in bankruptcy.
- Creditors reporting old debts as new ones.
- Creditors reporting inactive accounts as active.
This is just a small sample of some of the most common FDCPA violations. Whatever the circumstances of your business litigation case, it’s important to understand your rights and legal obligations as a creditor or another business. That’s why it’s vital to talk to a lawyer familiar with this area of law as soon as possible.
What should creditors do if they’re accused of debtor-creditor violations?
If your company has been accused of violating the rights of a debtor, it’s important to take immediate legal action in response. Depending on the nature of the complaint, such a response may involve some or all of the following steps:
- Do not respond immediately verbally or in writing to a consumer complaint. Anything your company says or writes in haste could potentially be used as evidence in a subsequent legal matter or lawsuit.
- Do not destroy or alter any records associated with the debtor who filed a formal complaint. Save such evidence, which could be used in support of any pending legal action.
- Contact a law firm that has experience handling debtor-creditor violations.
An attorney familiar with this area of law can review any formal complaints filed against your company, advise you on the legality of such complaints and pursue a legal response to such complaints on behalf of you or your company.
What legal options exist for resolving such cases?
There are often several different methods regularly employed to resolve debtor-creditor disputes. Depending on the nature of the complaints or violations, such solutions may include:
- Negotiating a financial settlement between the two parties.
- Hiring a mediator or arbitrator to resolve such disputes.
- Filing a lawsuit or taking other legal action in response.
There’s no one single answer for what to do in response to such allegations. Each case often presents its own unique challenges and opportunities. That’s why it’s important to have an experienced attorney analyze your case and advise what to do next. Otherwise, your company could face serious fines or other punitive measures.
Put our experience and expertise to work for you. Contact us
The stakes are high when it comes to such complex legal cases. Companies attempting to collect legitimate debts often face legal challenges from consumers or even other companies. That’s why it’s critical that you have an attorney on your side with the experience and expertise to successfully resolve such disputes in a timely, cost-effective manner.
Our tenacious attorneys take such allegations very seriously. We also have a history of achieving measurable results for companies and businesses of all sizes. That’s why we’re the law firm many professionals choose to represent them.
Learn more about your legal rights. Contact our law firm and schedule an appointment at one of our three office locations in South Carolina and North Carolina. We’re here to help you set the record straight and demand the compensation your company rightfully deserves.