Bankruptcy Creditor Representation in California
Attorneys Represent Creditors in Asset Recovery & Debt Collection Actions
Individuals and businesses can step into the shoes of a creditor through an array of circumstances. In some cases, the debt may arise traditionally through loan extended by the creditor to the debtor that is not repaid. Another common scenario for unpaid debts is when a service is provided in the context of a client’s promise to pay but the payment is never realized. In other circumstances, an individual or business may step into the shoes of a creditor through circumstance or intentionally. In certain proceedings where a debtor lacks liquid capital to satisfy an obligation, negotiations may result in the creditor agreeing to collect on a larger debt owed to the debtor in in lieu of a traditional payment. It is also possible that a company may purchase bad debt from a credit card company or a healthcare organization to act as a debt collector and to collect on the bad debt.
The attorneys of The Bankruptcy Group can assist companies, corporations, and individuals with their debt collection and asset recovery needs. Furthermore, we understand that every collections effort is governed by its own factors and circumstances and realize that different matters may require different approaches. We listen to our clients and leverage the information they can provide to increase the likelihood of a favorable result in your collection matter. To schedule a confidential consultation with our experienced team of attorneys call us at (800) 920-5351.
Our Representation of Creditors Is Compliant with the FDCPA and California State Law
Creditors are often of different mindsets when it comes to the proper approach and tactics to collect a debt. We always listen and make sure we understand our clients goals, parameters, and preferences for the action. However, both federal and state law governs the efforts by any party acting as a debt collector. Thus, while we orient our practice to suit the preferences of our client, we also provide legal advice and guidance regarding compliant debt collection practices. We adhere to these practices to prevent potential counterclaims and penalties for noncompliant practices.
Consider that under the FDCPA, a broad array of individuals ranging from businesses and individuals where “the principal purpose of which is the collection of any debts” to any individual “who regularly collects or attempts to collect , directly or indirectly, debts owed or due or asserted to be owed or due another.” The reach of the FDCPA is broad and when faced with a violation debtors may choose to enforce their rights through a private lawsuit or through a complaint to the Consumer Financial Protection Bureau (CFPB). Under the FDCPA some of the legal requirements a debt collector must satisfy includes:
- Identifying him or herself
- Not disclose that a debt is owed to a third party directly or indirectly
- Refraining from contact by postcard or including any symbol or phrase on a mailing envelop that suggests this is a debt collection notice or from a debt collection company.
- Refraining from calling the debtor at “at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer.”
- Refraining from making false or misleading representations including the character and nature of the debt.
- Upon request, provide written verification of the debt within five days.
California’s Fair Debt Collection Practices Act, also known as the Rosenthal Act, also sets forth a number of similar consumer protections of which creditors must remain cognizant. The California debt collection act provides stronger consumer protections in some cases so creditors attempting to recover a debt in California must comply with these heightened standards. Provisions of California’s Act include guidance as to appropriate serving of a summons & complaint associated with a debt, communications restrictions, and additional consumer remedies when a debt collector attempts to collect on a debt already discharged through bankruptcy.
Experienced Assistance for Creditors in California
The Bankruptcy Group navigates these laws to ensure compliance and strategically approaches each collection matter with the creditor’s goals and preferences in mind. Business owners who work with our firm can expect an aggressive, legally complaint approach to recovering assets. Individuals and businesses interested in discussing whether our practice is right for your needs can schedule a confidential consultation by calling (800) 920-5351 or contact us online.