Mobile Creditors’ Rights Attorney
The Mobile creditors’ rights attorneys of Cloud Willis & Ellis, LLC represent individuals, banks, insurers, and other financial institutions that are owed by borrowers that have not made good on their payments. While we understand that timely payments are vital to your business’s health, there are certain rules that regulate what you can and cannot do in terms of seeking payment from your borrowers. Our attorneys have vast knowledge concerning the Fair Debt Collection Practices Act (FDCPA) and our FCPA-certified collectors are licensed in over 40 states. We practice in all of Alabama and Georgia’s courts and represent clients in government, commercial, and retail collections. Our attorneys handle all of the following types of collections:
- Commercial collections;
- Retail collections, including purchased accounts;
- Governmental collections;
- Collections for professionals, including attorneys and law firms;
- Medical collections;
- Transportation claims;
- Insurance premium claims;
- Real estate collections (evictions, post eviction collections and foreclosures);
- Bankruptcy claims;
- FDCPA defense;
- Probate claims;
- Judgment and judgment enforcement matters, including Sister-State Judgments; and domestication of foreign judgments.
Collecting Within the Bounds of The Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act was created in 1978 by Congress to outline the lawful ways in which debtors could collect from delinquent borrowers. A creditor has the option of filing a lawsuit, using direct communication with the borrower, seeking possession of or the selling of property that secured the debt, or by going through a debt collection agency. The Act was specifically created to protect borrowers, as there had been “abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors.” In 2005, there were 66,000 complaints of violations of the FDCPA, according to the Federal Trade Commission, which shows that the system is still not perfect and that potentially tens of thousands of unlawful debt collecting practices still occur on an annual basis.
Penalties for Violating the Fair Debt Collection Practices Act
Unfair debt collection includes “any false, deceptive, or misleading representation or means in connection with the collection of any debt.” Not only is it unlawful and leads to property loss, bankruptcy, and a slew of other devastating consequences for society, but unlawful debt collection can lead to equally devastating consequences for your business. The Act provides the borrower to sue a negligent debt collector for actual damages, emotional or physical distress, lost wages, and attorney fees, as well as collect up to $1,000 in statutory damages, according to 15 U.S. Code § 1692k.
We Handle all Types of Mobile Recoveries
The Mobile attorneys of Cloud Willis & Ellis, LLC are adept at providing all of the following types of recoveries for our various clients:
- Post-eviction collections;
- Pre-eviction collections;
- Garnishment or execution;
- Service of process;
- Domestication of foreign judgments;
- Letters of demand and acceleration; and
- Identification of assets.
Contact a Mobile Creditor’s Rights Attorney to Solve Your Collection Issues Swiftly and Legally
If you are owed by a debtor that just refuses to pay, do not put your business’s finances at stake by allowing the borrower to drag their feet, or, worse yet, to inadvertently make unlawful collection practices that could result in a costly lawsuit. Some things are best left to a Mobile creditors’ rights attorney. Call Cloud Willis & Ellis, LLC today at 205-322-6060.