Practices

Companies must abide by the fair debt collection laws when attempting to collect money or property. Violations of those laws include filing suit on a time-barred debt and false threats of arrest or wage garnishment.

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A creditor can repossess a car only if the contract allows it, and only if the repossession is done without a breach of the peace. Even after a legal repossession, the creditor must provide notice to a consumer of his or her rights.

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Consumers often are confronted with a lawsuit based on an old debt, or a lawsuit brought by a “debt buyer” they never heard of prior to being sued. Fortunately, there are viable options for consumers in collection matters.

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Many laws protect individuals and businesses from unfair practices and competitive harm. Enforcing those laws is not always cost-prohibitive, but rather disputes can be resolved in an efficient, pragmatic and thoughtful manner.

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