Bisel Logo Debt Collection in Pennsylvania

2017 Edition

AUTHOR: KENNETH F. CAROBUS, ESQ.
of MORRIS & ADELMAN, PC

Published: December 2016 (2017 Ed.)
(Previous Editions: 2002 by Mathieu, 2007, 2008, 2010 - 2016)
Most recent supplement/update: N/A
ISBN: 0-9755281-4-9

1 VOLUME, SOFT-COVER, PRICE: $166.00

This treatise was developed for the practicing attorney who desires to handle collection claims on a routine, cost-effective basis. It can also be utilized by credit managers, collection companies, and creditors for purposes of understanding the terminology, procedure, and the law regarding debts in Pennsylvania to enhance effective communication with their lawyers and/or law firms.

Practice tips, while easy-to-understand, are the result of numerous years of experience in the pragmatic endeavor to collect debts on a cost-effective and expedient basis. Every collection claim could probably yield more monetary reward for the creditor; however, the effort necessary as well as the costs involved may not be warranted. This treatise exists to enable a law firm to set both office policy and procedure to handle numerous claims on an efficient basis, yielding the greatest ultimate reward for their clients as well as the firm.

Debt collection in Pennsylvania is a study of the debt collection industry, the unique aspects of the enforceability of a judgment, and the recognition of the plethora of Pennsylvania Court Rules governing pleadings, complaints, and the execution process. The art of debt collection can be understood only when one has a thorough understanding of the industry itself and the nuances of the judicial system enabling a collection practice to perform in a cost-effective way as well as yielding benefit for potential creditors.

The debt collection industry involves creditors, credit managers, collection companies, and attorneys. Commercial collections involve the attempts to collect debt against businesses, whereas retail collections involve attempts at collecting debt from individuals. Many law firms will handle either and many will handle both. The strategies, practicalities, and office procedure vary for each of these different types of debt, while many of the in-office mechanisms are the same.

With the advent of information technology and word processing, debt collection in Pennsylvania is becoming an ever-changing and rapidly progressing field. Although the basic procedures in the court system have not changed with this new technology, the solicitation of claims, the forwarding of claims, and the basic underlying industry outside the legal profession are rapidly evolving. Faced with an ever-increasing multitude of federal and state consumer statutes designed to protect the individual, an attorney who in the past could immediately begin to do collection work must now be fully informed as to both industry practices and present existing statutory requirements. This treatise is designed to provide the necessary expertise to provide a basis for practice in the area of debt collection. Also includes essential forms needed for the collection of debts.

SUMMARY OF CONTENTS

Chapter
1. The Creation of the Creditor-Debtor Relationship
2. Debt Collection-Prelitigation Procedures
3. Complaints and Related Issues
4. Discovery, Settlement and Trial
5. Judgments
6. Execution of Judgments
7. Fair Debt Collection Practices Act and Other Statutory Requirements
8. Bankruptcy and Collection

Forms
Appendixes
Glossary of Terms

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