Fair Debt Collection Action Cases
Our attorneys resolve disputes involving creditors and debtors
Debt-related issues – particularly unpaid or outstanding debts – can be complex legal matters, particularly when they involve one or more businesses. Depending on the amount of money involved, legal action may be required to resolve such disputes.
Our attorneys at Eller Tonnsen Bach, LLC can serve as your legal advocates and pursue the best possible outcome on your behalf. We know what to do because we thoroughly understand how the legal system works when it comes to such complex business litigation cases. In addition, we have extensive experience representing businesses of all sizes in many industries dealing with a wide range of debt-related issues.
Put our knowledge and expertise to work for you. Schedule an appointment at our law firm. We understand the urgency and the importance of such legal matters. That’s why we promise to develop a strategy designed to resolve such issues in a timely, cost-effective manner.
What is the Fair Debt Collection Practices Act (FDCPA)?
Created in 1977 by the federal government and revised in 2010, the Fair Debt Collection Practices Act (FDCPA) was designed to encourage responsible debt collection practices. In addition, the act was intended to provide consumers with a formal process for disputing the accuracy of such debts.
The FCDPA applies to several different types of debts, including medical debts, credit card debt and mortgages. The FDCPA does not apply to business-related debts.
Sometimes used in conjunction with the Fair Credit Reporting Act, other parts of the FDCPA place certain restrictions on debt collectors, including:
- What time of day debt collectors can contact consumers.
- When debt collectors must cease contacting consumers if they request to not be contacted.
- Prohibiting debt collectors from contacting people at their place of employment.
- Publishing a person’s name on a public, so-called “bad debt” list.
- Threatening to arrest someone for failure to pay a debt.
- Using abusive language on the phone with consumers.
The stakes can be very high when it comes to such cases. That’s why it’s important to talk with an attorney who knows the law and can guide you through the legal process every step of the way.
What options exist for resolving such cases?
Depending on whether you’re a consumer or a debt collection agency, many legal options may exist for resolving your legal dispute. Such options may include:
- File a formal complaint with the Federal Trade Commission (FTC) or Consumer Financial Protection Bureau.
- Negotiating a financial settlement in order to settle an outstanding debt or resolve a formal complaint.
- File a lawsuit or take other legal against the other party.
Knowing what to do in such situations can be overwhelming. That’s why it’s critical that you consult with an attorney who understands your business and knows the law inside out, including any applicable deadlines that must be adhered to in such cases. Your lawyer can also represent you in all court appearances related to your debt collection case.
Rely on us to resolve your legal case
Our strategy will depend greatly on the legal issues affecting your business. That’s why we never take a one-size-fits-all approach toward such complex cases. We take the time to carefully analyze the issues involved in your case. That way, we can create a plan designed to deliver the right result for your business.