Legal Compliance and Training

Collections is easy, right?  If you think collections is easy, you probably aren't doing right.   

There are many laws and procedures that need to be followed in the debt collection process.  Although there are too many to list here, most creditors routinely have issues with:

Small Claims Court
Small Claims Court is meant to give people a fast and simple way to determine disputes of $6,000.00 or less (not including interest or costs). 

Although Small Claims Court can be simple, many people are surprised to find that it can be complicated.  There are many factors that need to be considered before filing a Small Claims actions and going to Court.  You don't want to find out that you made a huge mistake with your Small Claims case on the day of Court in front of a a Judge and a packed court room.

If you want to win at Court, you need to be prepared before filng your Small Claims case.  I have trained a number of people on how to file a winning Small Claims action, and I can help you win your case too.

Disclosure Hearings
Just because you received a judgment doesn't mean you will automatically get paid.  This is where many creditors run  into problems.  If your debtor is still not paying, Disclosure hearings are the process by which Courts determine someones ability to pay.  There are a number of issues to consider in determining a person's ability to pay.  I can teach you how to find money and assets, obtain wage garnishments, file liens against real estate, file personal property liens, attach property and get Court ordered installment payments.

One of the foundations of U.S. law is contracts.  Bankruptcy is like the nuclear bomb of contracts, it can vaporize them.  The time to win in a bankruptcy proceeding is before the bankruptcy is filed.  I can teach you prevention strategies to help you build a fall out shelter to keep your debt from blowing up.

Although many bankruptcy issues need to be handled by attorneys, I can teach you when and how to read a bankruptcy petition and schedules, what red flags to look for, and how to file Proof of Claims and Reaffirmation agreements.

MCCC, FDCPA and MFDCPA, Debt Collection, , UTPA, FCRA, UCC and Repos

Depending upon what you do, you may be subject to one or several debt collections laws.  Failure to comply with the law could result in civil or criminal penalties being imposed upon a violating creditor.  My office can help you comply with the following statutes to avoid violations before they occur, and help you with any violations that have already occured:

Maine Consumer Credit Code

Federal and Maine Fair Debt Collection Practices Act

UCC and Repossessions

Fair Credit Reporting Act

Unfair Trade Practices Act

                 Law Office of Brenden Smith                  
Contact Us
Law Office of Brenden Smith
P.O. Box 347
Bowdoinham, ME 04008-0347
Phone: (207) 319-9153
Fax: 1-866-474-2934

Toll Free: 1-866-LAW-MAINE
                             Do you want to get paid?  Get an attorney.