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    Creditor's Rights Law Legal Research

    “Creditor’s Rights” law concerns the rights of both creditors and debtors in the context of consumer and business transactions. 


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    The research attorneys of the National Legal Research Group can provide legal research, writing and analysis of Creditor’s Rights issues that may arise at any stage of the debt collection process, including:


    (1) Determining whether a debtor is protected by, and/or whether a creditor is in compliance with, relevant consumer protection statutes, including

    • the Fair Debt Collection Practices Act, 15 U.S.C. § 1681 et seq.,
    • the Servicemembers’ Civil Relief Act, 50 U.S.C. § 3901 et seq.,
    • Credit reporting laws, including the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.,
    • State fair debt collection statutes,
    • Usury statutes,
    • State consumer protection statutes,
    • Statutes of limitations governing debt collection, and
    • State-level requirements for the licensing of debt collectors;

    (2) Procedures for debt recovery, including

    • Wage and bank account garnishments,
    • Sheriff’s sales
    • Tax refund intercepts
    • Bank setoffs
    • Judgment liens
    • Repossessions
    • Foreclosures

    (3) Other issues related to debt collection, such as

    • Secured claims, including the enforcement and priority of liens and the rights of lienholders
    • Enforceability of mandatory arbitration provisions in credit agreements
    • Enforceability of cross-collateralization clauses
    • Redemption rights,
    • “Zombie debt” (efforts by debt collectors to collect charged-off or time-barred debts),
    • Drafting secured or unsecured loan agreements,
    • Debt settlement agreements, and
    • Fraudulent transfers.

    To get the extra help you need with you case, contact our team of expert attorneys today. We can review your case and discuss your options in detail with you. 

    Testimonials

    I was treated with great interest and courtesy and the work product was first rate... Everything was excellent."
    -Francis H. Hare Jr., Birmingham, AL
     
    "I was very satisfied with the research memorandum which Alistair [Edwards] prepared. He did an excellent job analyzing the issues and completed the project ahead of schedule. His work is most appreciated. "

    —P. Gerald Cody, Cornelia, GA

    "Very impressive memoranda! By the way, some of the ancient cases [Fred Shackelford] found, one going back to 1910, and your articulation of the factual evidence—all I can say is you are worth every penny we pay you."

    -Richard Eymann, Spokane, WA
     
    "I've run a relatively small catalog book business for most of the last 2 decades. Due to out of state sales & sales tax issues, I've used John and the firm for many issues over the years. That was true when I was in private practice as well. Most recently we've needed lots of help with the PPACA. We do not offer Health Insurance to our 100+ staff, of which 75% are Full Time. John and his associates have proven to be an invaluable resource. Their research and advice has always been thorough, timely and most helpful as we proceeded through the minefield of the ACA. Especially with issues that are not local to your practice area and state I highly recommend the NLRG."
     
    -John Tuozzolo, Falls Village, CT
     
     
     

    MEET OUR Creditor's Rights law LEGAL RESEARCH ATTORNEYs

    Anne_Hemenway.jpgSenior Research Attorney Anne B. Hemenway

    B.A., Harvard University, 1979, Cum Laude. J.D., Case Western Reserve University School of Law, 1985.  Member, New Mexico Bar.  Before attending law school, Anne worked as a legislative assistant for former Senator Birch Bayh and former Senator Joe Tydings in Washington, D.C.  Upon graduating from law school, Anne practiced commercial law for five years at the law firm of Montgomery & Andrews in Santa Fe, New Mexico.  She has been with NLRG since 1990 and specializes in Bankruptcy, Creditors' Rights, Commercial Contracts, Church Law, and other issues involving commercial litigation and consumer protection issues, including issues arising under the U.C.C.. Read Full Bio

     

    EdwardsAlistair.jpgSenior Research Attorney Alistair D. Edwards

    B.A., University of Virginia, 1994. J.D., University of Florida Law School, 1998.  Member, Maryland and D.C. Bars.  Admitted, Fourth Circuit Court of Appeals.  Prior to joining NLRG, Alistair clerked for a Maryland circuit court judge and worked in the litigation department of a Washington, D.C.-based law firm.  Alistair concentrates on Property, Contracts, and Commercial Law.  He has in-depth experience in mortgages, commercial and residential transactions, landlord and tenant law, adverse possession, easement law, real estate contracts, real estate financing, construction law, and oil and gas law.  Read Full Bio

     

    lee_dunham_sm.jpgSenior Research Attorney Lee P. Dunham

    Lee is a graduate of the University of Virginia School of Law and a member of the Colorado Bar and Virginia Bar.  After graduating from law school, she served as a judicial clerk for The Hon. Stephen C. Mahan and The Hon. A. Bonwill Shockley of the Virginia Beach Circuit Court.  Following her clerkship, Lee worked for two years as a Legal Aid trial attorney at Blue Ridge Legal Services in the Shenandoah Valley, where her practice consisted primarily of domestic relations, landlord/tenant, and consumer cases.  Lee practiced bankruptcy and commercial law in Charlottesville, Virginia for four years, first in a solo practice and later with the firm of Royer, Caramanis & McDonough, LLP.  During that time, Lee was a member of the Thomas Jefferson Inn of Court, and presented a well-received CLE on "Bankruptcy Law for Non-Bankruptcy Lawyers" to the Inn. Read Full Bio

    HicksCharlene.jpgSenior Research Attorney Charlene J. Hicks

     B.A., Brigham Young University, 1989. J.D., Marshall Wythe School of Law, College of William and Mary, 1994, where Charlene was a member of the Law Review and was inducted into the Order of the Coif.  Member, Virginia Bar.  Charlene joined NLRG in 1994.  She focuses on Contracts, Commercial Law, Corporations, Creditors' Rights, and Civil Procedure.  Areas of expertise include arbitration, construction law, employment contracts, government contracts, agency, U.C.C. matters, arbitration issues, corporate formation, franchises, unfair trade practices, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and motion and appellate practice. Read Full Bio