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Debtor / Creditor Law News
Debtor - Creditor Law News
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Debtor / Creditor Attorney

Most Americans live on some form of credit.  We buy houses and cars, use credit cards, and take out student loans.  Attorneys who work with debtors and creditors help facilitate debt collection, enforce creditors' rights, and negotiate settlements for debtors with excessive debt.  A debtor / creditor attorney should not be confused with a bankruptcy attorney, although some attorneys develop a focus on both types of practices.

Debtor / creditor attorneys have experience in this field and know other methods of working with credit card companies, banks, and other creditors, such as consolidating debt or negotiating a settlement.  If you are behind on payments to a creditor and are facing excessive debt, you may benefit by talking with a local debtor / creditor attorney before filing for bankruptcy or damaging your credit.

Secured Debt vs. Unsecured Debt

There are two types of debt - secured debt and unsecured debt.  Secured debt exists when the credit is backed up with collateral, such as a house serving as collateral for one’s mortgage.  It also exists when the creditor files a security interest in the property.  When someone falls behind on this type of debt, the creditor has a right to come in and take the collateral back.  An example would be a bank repossessing and foreclosing on a house of someone who falls behind on their mortgage payments.

With unsecured debt, the options available are a little different.  Since the creditor does not have a secured interest in the property, one is limited to trying to collect the funds owed, via a collections agency or by filing a lawsuit.

Common Collection Methods Creditors Use

  • Repossession of the property
  • Hire or use an internal collections agency
  • Foreclosure (on real estate)
  • Obtain a security interest in the borrower's property
  • Bring a lawsuit against the borrower
  • Place a lien upon the property of the borrower
  • Wage garnishments

These methods are only available after a debtor has actually defaulted on a payment or payments to the creditor.  Lawsuits, foreclosures, bankruptcies, and other forms of legal action can often be avoided by talking with a skilled debtor / creditor attorney.  

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