Debt collection is a fairly difficult process because of the many variables involved. People tend to get into trouble over the issue and it requires both debtors and creditors to err on the side of caution to ensure that things work out properly. As a creditor, you need to acquire a creditors rights attorney to assist you in the case. Unfortunately, people tend to make various mistakes and these are some of the top issues:
Missing or No Paperwork
Certain paperwork dictates and verifies agreements between the creditor and the person owing the debt. It has to be in writing, similar to how a credit card debt works where the statement, agreements, and payment records act as viable documents. If you don’t have such documents, it’s difficult to prove that the debt was owed in the first place.
Essentially, there needs to be substantial evidence that you can produce in the court of law to confirm that the debtor owes you the amount you claim. Commonly, creditors might have some missing documents or lack any paperwork. Commonly, such cases are dismissed based on no grounds to contest. If anyone owes you a debt, it’s the utmost priority to have documented proof of it which has some legal standing.
Lack of Communication
In various cases of debt collection, rather than take things via a legal channel, creditors take it upon themselves to reach out to the debtor. While there aren’t complete restrictions for a collector contacting the debtor, there are various stipulations that they need to take care of. You can’t randomly call them, with specific hours allotted for inquiries.
Similarly, you can’t make any false claims, and creditors aren’t allowed to discuss arrests or threaten them. A creditor may ultimately make things worse in their case by trying to solo the whole operation. Get creditor’s lawyers to help from the beginning to ensure that correspondence takes within legal parameters.
Not Having Legal Help
You might imagine that legal counsel will set you back more money than you’re likely to gain from your debtor. That’s not always the case and at the very least, you can consult a creditors rights attorney for free to ask for basic advice about your scenario. You can get an estimate from them if money’s something you’re worried about.
As a creditor, if you try to DIY the debt collection, you may end up breaking some laws and end up paying any penalties, which could potentially make the whole process not worth the hassle. Get a creditors' rights law firm’s help on your case to prevent any mistakes and acquire your sum legally and amicably.
At McLeskey Law Offices, we are a creditors rights law firm based in Columbus, Ohio, experienced in litigation law, probate law, and creditors rights. When it comes to cases of debt collection, we err on the side of caution and offer our clients sound advice to ensure that creditors get their due rights. Reach out to the business today if you seek a creditor’s rights or litigation lawyer.