The debt collection process requires particular attention to detail. USlegalforms, Inc. offers the tools to complete the process properly. Download forms in Word format. Free previews are available.
Non-bankruptcy debtor-creditor law is governed mainly by state statutory and common law. Harrassment, defamation, or other unfair practices in attempts at debt collection may be curbed by tort claims in state court. States also regulate debt collection through statute. Congress has enacted the Fair Debt Collection Practices Act to regulate some debt collectors.
Creditors use judicial and statutory processes to have debts satisfied. Attachment is a limited statutory remedy whereby a creditor has the property of a debtor seized to satisfy a debt. Garnishment allows a creditor to collect part of a debt (for example wages) to satisfy the obligation. Replevin allows a creditor to seize goods, such as a security interest, that he or she has a property interest in, to satisfy the debt. Receivership involves the appointing of a third party by a court to dispose of the debtor's property in order to satisfy the debt.
A debtor may attempt to fraudulently convey a piece of property to keep it out of the creditors' hands. State laws seek to prevent this type of property transfer. Many states have adopted the Uniform Fraudulent Conveyances Act or its successor, the Uniform Fraudulent Transfer Act.
Some of the relevant legal forms include:
Letter to Debt Collector Re: Fair Debt Collection and Practices Act
Collection Letter: Consumer Debtor
Letter to Foreclosure Attorney - Fair Debt Collection - Failure to Provide Notice
Letter - Debt Collection
Letter - Debt Collection (Letter Offering Opportunity to Pay Debt)
Letter to Debt Collector Re: Fair Debt Collection and Practices Act
Letter - Debt Collection for Client
Letter to Foreclosure Attorney - Fair Debt Collection - Failure to Provide Notice
