Creditor/Debtor

Practice Areas

Creditor/Debtor Attorney

Debt is a very important part of our economy as it allows individuals and company's to engage in business. When engaging in a transaction that involves debt and credit, each party has certain responsibilities and a debtor-creditor relationship if formed, resulting in "rights" and "duties".

Rights describe what is owed to the creditor such as the right of repayment of a loan or the right of a landlord to enter property if rent is not paid. Duties describe the requirements of the debtor such as to pay taxes or repay loans. Debtor and Creditor laws are governed federally and at state level. If you're unable to repay a debt or are in a situation where payment terms have been breached, your best option is to obtain the guidance and representation of a skilled creditor/debtor law firm such as Stawicki Law Office.

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Creditor and Debtor Attorney - Stawicki Law Office

A Debtors Rights

Debtor's rights are established to protect those who borrow money or receive services in the form of taking on debt owed to a creditor. Whether used for buying a home, a car, personal or business use, these rights are put in place to protect debtors from being treated unfairly by creditors.

A Creditors Rights

A creditor has the right to protect its interests and enforce its rights in order to obtain payment and avoid a sizable loss. There are two categories creditors fall into: secured and unsecured. Creditors do have legal enforceable ways they can pursue repayment including:

Garnishments

This happens when a creditor is able to take a certain amount of money out of a debtor's paycheck, bank accounts, or other asset accounts.

Levies & Attachments

A Levy (aka Attachment) is the permission given to a creditor to take and sell a debtor's property to pay off their debt. A creditor can only obtain a levy against a debtor if the court has issued a judgment in the creditor’s favor.

Collections

While there are laws protecting debtors from aggressive collection tactics such as the Fair Debt Collection Practices Act (FDCPA), there are legal methods creditors can still pursue collections for past due payments or defaults, such as a third party collection agency.

Do I Need A Creditor/Debtor Attorney?

Ensuring the protection or unlawful use of your rights usually always involves an attorney. As the debtor, always try to fulfill your promise to pay or come to an agreement in negotiating more manageable terms. As the creditor, try to encourage repayment legally. If all attempts to collect without legal involvement have failed, nows the time to consider legal action to avoid more losses.

With any of the mentioned topics above, they must follow certain state and federal laws. For example, negotiating a debt settlement is best handled with an attorney who knows your rights and is able to negotiate the best terms for you. A creditor will also need the aid of a creditor attorney to pursue enforceable ways of repayment such as garnishments and levies.

Need To Settle A Debt or Aquire Payment?

Wether your the creditor or debtor, let Stawicki Law Office carefully review your situation and help you determine which legal action is the best for you.