Defending Yourself from Debt Collectors
Experiencing many seemingly harassing calls and issues with a debt collector? As you defend yourself against debt collection, many questions exist that you must ask. The first one is whether or not your accused debt is legitimate, as well as if you represent the individual who incurred this amount. The second is how long since the last utilization, or payment on the account.
In Florida, the statute of limitations regarding contractual debt is five years, and four years on an unwritten agreement. A debt collection defense attorney in Miami Beach will typically utilize this defense when the creditor transfers ownership to a collector.
A final question concerning a debt situation is if the amount of this accused debt is valid, in addition to whether or not you can negotiate this figure to a lower one. You may also discover that if the debt is a valid one, you can also arrange to lower repayment terms.
Automatic Stay of Execution
Possibly the most significant benefit that bankruptcy can provide any individual is the automatic stay of execution. As soon as you file your bankruptcy petition, any creditor must cease any collection efforts they previously levied against you. This means these entities cannot garnish your wages, repossess any property, or foreclose on your home during the pending bankruptcy.
In many cases, this offers debtors substantial relief. This is especially true regarding individuals that experience harassing behavior from debt collectors on a seemingly daily basis.
Nevertheless, creditors still wield a right to seek permission to continue moving forward with specific collection activities. Understanding your rights and enlisting a debt collection defense attorney in Miami Beach can drastically alter the outcome of these legal proceedings.
Both federal and state law imposition provides numerous exemptions that can protect you from losing certain assets during bankruptcy. An experienced debt collection attorney will evaluate your assets, as well as your debts. They will also cultivate a strategy that optimizes your potential exemptions while protecting the vast majority of your rightful assets.
Small Businesses – Personal Debt Workouts, Sales, and Purchases
Once debt becomes an issue, the factors of a client require evaluation to determine if debt restructuring can resolve the situation.
The primary advantage of this debt resolution method is avoiding bankruptcy while still wielding an ability to file for bankruptcy if the client needs it. Nonetheless, this will require a comprehensive evaluation of your income, debts, assets, and income streams. This will help your debt collection attorney design and implement an optimal course of action.
The entire process can take up to a few hours to complete, before making any contact with the creditor. Once you and your debt collection lawyer contact the debtor, you can then begin negotiations.
An additional provision in these proceedings for business owners concerning whether to sell or purchase existing businesses. An experienced debt collection defense attorney in Miami Beach remains important during this bankruptcy phase. In many scenarios, the business in question is the only one they own, as well as a large investment of their funds.
Legal counsels must evaluate the business purchase, including how the buyer plans to utilize and operate this business. A sole proprietorship is different from corporate ownership, and asset sale or purchase differs from stock purchases.
While attorneys commit to due diligence when they perform their services for potential purchase or sale, the decisions concerning these issues extend beyond the typical provisions. Regardless if this sale involves financing or cash, a debt collection lawyer essential.
Debt Collection Defense Attorney in Florida | Law Offices of Paul A. Humbert, P.L.
Our debt collection and defense practice represents an essential resource for both creditors and debtors in the South Florida community. The attorneys from the Law Offices of Paul A. Humbert, P.L. can help you stay in the driver’s seat of your case. This means gaining control and keeping it.
In the case of debt collection defense, we wield the necessary experience to help you achieve an optimal outcome against creditors, as well as their potentially harassing activities. We additionally take pride in acting as advocates on our clients’ behalf, representing their best interests in court, and at the negotiating table.
We frequently negotiate different payment and overall debt totals. Our attorneys can accomplish this even in the most convoluted of cases where debt collectors dot every I and cross off every t, doing their due diligence to ensure an ironclad legal action.
For over 20 years, the Law Offices of Paul A. Humbert, P.L. helped debtors in need to reduce and negotiate their debts. Our firm can step in to help examine your unique, individual situation while we design and implement the best possible legal strategy for your needs.
This often depends on the debt amount, as well as the type involved. Furthermore, we look at your assets, your goals, and the overall desired outcome from the case. This enables a debt collection attorney from our firm to utilize their vast experience and numerous different legal strategies to protect your financial rights.
For more information on our debt collection defense attorney in Miami Beach, contact the Law Offices of Paul A. Humbert, P.L. today!