Creditor Rights

Credit card problems often focus on the rights of consumers and on the limits imposed by the Fair Debt Collections Practices Act on debt collectors. However, it is important to remember that most creditors are trying to collect money that has been borrowed and not paid back. As such, creditors have a legitimate right to take some collection action and to take steps to recover monies paid out and not paid back. Creditors’ rights vary depending on what type of creditor is involved. Secured creditors, for example, have the right to take legal action to recover the collateral of a debt that is unpaid, while unsecured creditors don't have this protection. Both secured and unsecured creditors can file court judgments against a debtor and both can make claims against the debtor in the event of bankruptcy. This section contains more information about creditors’ rights issues.