Indiana Debtor and Creditor Rights Lawyers Seek Effective Resolutions
Experienced attorneys inform you of all your options when facing bankruptcy in the Northern District of Indiana
When you borrow money from a lender for the purchase of a home, car or other valuable property, the law protects you from unfair treatment in the event that you fall on hard times that leave you unable to make payments. The law also offers protections to creditors as well, allowing them to collect the money owed to them as fairly as possible. The system only works when the rights of both creditors and debtors are protected. At Gouveia & Associates, we assist both creditors and debtors in ensuring that their rights are looked after as each side seeks to protect its own interests.
What are my rights as a consumer when I face financial hardship?
When you are in debt to a creditor, even if you are behind on your payments, the law entitles you to a number of protections against unfair treatment, including:
- Protection from garnished wages — A creditor may only garnish wages when allowed by a court ruling. Also, wages from Social Security, worker’s compensation and child support cannot be garnished. If a court rules in favor of wage garnishment, our attorneys help you file a garnishment exemption claim to overturn the ruling.
- Protection from aggressive collections — The government protects you from inappropriate collection agency tactics. Collection agencies may not threaten you, provide false information about penalties for nonpayment or contact your friends or family to discuss your debt.
- Protection from repossession — Though a debtor does have the right to repossess defaulted property under certain circumstances, the law protects you from unfair repossession practices. The collecting company must inform you that repossession is going to take place and must give you some time to make a payment before the repossession occurs.
When you face financial struggles, the law provides a number of solutions to help you clear your debt and make payments to debtors without suffering extreme financial hardship. Bankruptcy is one option, but our debt relief attorneys discuss any available alternatives to bankruptcy that may benefit you in your particular case.
What are my rights as a creditor when a client is facing financial hardship?
As a lender, you have the right to expect and seek repayment of debts owed to you by your clients. When a debtor is unable or unwilling to pay money owed to you, there are actions you can take to fairly seek payment for your goods or services. At the same time, you may be unsure how much of your resources you should allocate to recovering unpaid debt. Our Indiana attorneys are available to assist you with creditor solutions for collecting debt from consumers or businesses in a cost-effective way.
Some common solutions for creditors include:
- Challenging an automatic stay
- Challenging the discharge of certain debts
- Preference litigation to recover money paid by a debtor to another creditor within 90 days of bankruptcy filing
- Challenging fraudulent conveyances or money transfers made before bankruptcy to hinder the process of debt collection
- Challenging debtor attempts to avoid lien
If you have questions about your rights as either a creditor or debtor dealing with bankruptcy in Merrillville, Indiana, contact our attorneys today
The law office Gouveia & Associates works with each new client first by providing a free initial consultation to thoroughly discuss the details of your situation. To schedule an appointment, email us or call us at 219-576-6192. We are conveniently located near the intersection of Route 30 and Interstate 65 in Merrillville, Indiana. Free parking is available.