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Debt Collection
Securing payment from consumers for purchases made on credit
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Where can you find a sample hardship letter to help you write to a creditor who has repossessed your vehicle?
Go to www.nolo.com for answers to most everyday legal questions, including sample letters. You will get more out of it if you...
Popularity: 425 • Tools: Recategorize
Under Texas law what can the creditor do to collect the deficiency?
In Texas, they take you to court on a judgement in order to collect. Statutes of limitations on debt collection in Texas is four...
Popularity: 411 • Tools: Recategorize
Can credit card companies garnish your wages or take away your house?
Yes they can, but there are so many factors that must be in order before they can do that. For example, they must consider the...
Popularity: 371 • Tools: Recategorize
Does paying off collection accounts help your credit score?
Why payoff collections when you have a bona-fide chance in getting the collection deleted by disputing it with the bureaus that...
Popularity: 315 • Tools: Recategorize
Should you pay third-party collection agencies for your charged-off credit cards?
You will find more benefits dealing directly with the creditor than the collection agency. If you pay the original creditor, this...
Popularity: 275 • Tools: Recategorize
If a lawyer says he has taken over a charged off credit card debt and will sue you unless he can collect should you pay him?
Good question. The answer is yes, he can file suit against you. However, based on his statement in your question that he has...
Popularity: 258 • Tools: Recategorize
After repossession can your wages be garnished?
this can vary by state, but in most if they get a judgement against you by taking you to court, then can - but there are rules...
Popularity: 245 • Tools: Recategorize
In which US states can wages not be garnished?
In certain states your wages cannot be garnished for certain liabilities. For instance, if you owe taxes, they will garnish your...
Popularity: 240 • Tools: Recategorize
What are your rights in dealing with a collection agency?
You definitely have rights in this manner. I recently went through the same thing you are going through and found my answers...
Popularity: 239 • Tools: Recategorize
Can a collection agency sue you?
Collection agencies A collection company CAN take you to court to get it's money, however, this is unlikely for debts under...
Popularity: 230 • Tools: Recategorize
How do you pay a debt to a bankrupt company?
We have a similar problem. We have an open Montgomery Ward credit card account that can't be closed because the company is no...
Popularity: 196 • Tools: Recategorize
Can a creditor call you at work?
A creditor can call you at home, at work, on your cell, anywhere and anytime (the "anytime" must be within reason, such as NOT...
Popularity: 188 • Tools: Recategorize
How do you find the payoff amount for an old collection account?
If you are referring to "how to actually locate the company" who has the collection to obtain the payoff amount, I would suggest...
Popularity: 186 • Tools: Recategorize
If you sue and get a judgment in your favor what are the methods available for collecting the judgment?
All states have laws governing the collection of judgments. Those laws have to be followed "to the letter." Wage garnishment,...
Popularity: 185 • Tools: Recategorize
What happens if you leave Australia for good without paying your credit cards and personal loans?
Well, this is a good question! Now, if you go to Australia, you are definately going to have bills and loans to pay off because...
Popularity: 181 • Tools: Recategorize
How do you report a collection agency for abuses?
You can file abuse under the Fair Credit Reporting Act. It is enforced by the Federal Trade Commission. Contact your state...
Popularity: 178 • Tools: Recategorize
Is there a limit to how long a creditor can try to collect a debt?
Yes and no. Every state has a statute of limitation on the legal ability to enforce a debt buy suit. Many states are 7 years,...
Popularity: 176 • Tools: Recategorize
How much information do you need to give a collection agency?
You should never give a collection agency or anyone else any personal information over the phone. You do not give any specifics...
Popularity: 175 • Tools: Recategorize
What happens if you had a judgment against you but really do not have the money to pay them?
It is in your best interest to make payment arrangements with your creditors, even if you can only pay $25.00 a month. Some...
Popularity: 168 • Tools: Recategorize
Can a collection agency report your debt to the credit reporting agencies if they do not have your Social Security number?
YES! Generally speaking, your SS# isn't even needed to access your CBR. So long as they have enough info about you they can...
Popularity: 166 • Tools: Recategorize
How do you get the collector to respond to your dispute?
The best way that I have found to do this is to send every letter registered mail so that they have to sign for the letter. This...
Popularity: 161 • Tools: Recategorize
Do collection agencies have the right to freeze your checking account without going to court for a credit card debt of over 10K on the original credit card?
Collection agencies cannot do anything but attempt to collect the debt -- via phone calls mostly which is a pain, but you don't...
Popularity: 151 • Tools: Recategorize
If a collection agency tries to collect an unpaid medical bill that you never received from the hospital should you pay the agency or try to pay the hospital directly?
It's unbelievable how terrible of advice some people can give you. Credit Cavalier must have been the same guy who was giving...
Popularity: 149 • Tools: Recategorize
How and when does a collection account become a chargeoff?
When the lender decides to classify it that way. Some will automatically charge it off when it is 90 days delinquent, others...
Popularity: 148 • Tools: Recategorize
How do you stop a collection agency from calling your work number?
It is illegal for a collection agency to continue to call you either at home or work once you give them written notice to stop....
Popularity: 148 • Tools: Recategorize
Can a collection agency keep renewing the 'date opened' on an open collection account?
No they can not this is called reaging a debt to make it appear newer than it is. This is illegal. file complaints with your...
Popularity: 146 • Tools: Recategorize
Can a collection agency take you to court?
Collection agencies are simply collectors. An outside collection agency does not have the power to sue or instigate legal action...
Popularity: 143 • Tools: Recategorize
Can NSF charges be sold to a collection agency?
Yes. And there can be, depending on what state you live in, criminal misdemeanor charges.
Popularity: 142 • Tools: Recategorize
Does a collection agency have to provide information about the original creditor in a timely manner?
Yes. They have 30 days from the first time they contact you to get you something in writing. See the Fair Debt Collection...
Popularity: 138 • Tools: Recategorize
Is Viking Collection Services trustworthy and are they a subsidiary of OSI collections?
Collection agencies are often one actual company with many different names. Finding out if one is affiliated with another is...
Popularity: 137 • Tools: Recategorize
Can a collection agency for a non-credit card-type bill hurt your credit rating?
yes
Popularity: 136 • Tools: Recategorize
What can a collection agency do to collect a 2000 dollar debt?
The answer to your question is NO, a collection company absolutly can not touch your assets, income, or bank accounts without a...
Popularity: 133 • Tools: Recategorize
How do you file a complaint against a creditor for harassment?
Contact your attorney general in your state and also the federal trade commission and report them. Then send a letter to the...
Popularity: 133 • Tools: Recategorize
Why do the lenders make you pay off all bad debt?
By "bad debt", I assume you are referring to collections. All lenders do not make you pay off all collections. In fact, there are...
Popularity: 131 • Tools: Recategorize
Can an employer ask an employee's debt collector to stop calling?
Yes. In fact, it is a violation of the federal Fair Debt Collection Practices Act for a debt collector to contact you at work if...
Popularity: 131 • Tools: Recategorize
Can a debt collection agency legally identify themselves a 'collection agency' when placing inquiries on your credit report when the debt in question was charged off over a decade ago?
No.
Popularity: 130 • Tools: Recategorize
If a credit card company is seeking debt arbitration what options does the company have to collect the debt if awarded in Texas?
I can't answer your question specifically for TX. Here's some general information on that ...
Popularity: 127 • Tools: Recategorize
Can a collection agency put the same item on your credit report that has already been reported by the original creditor?
Yes. The original creditor more than likely put the item on first, then sold the account to a collection company who after...
Popularity: 117 • Tools: Recategorize
How do you dispute a chargeoff account that the creditor refused to validate?
Technically this should be very easy. Write a letter to the (3) credit reporting agencies stateing that this information is/may...
Popularity: 114 • Tools: Recategorize
How can you find out if you owe any stores money from past bounced checks?
You would need to see if you had been reported to SCAN.
Popularity: 113 • Tools: Recategorize
Can a collection agency attempt to collect on a debt that is almost 10 years old?
Yes, with 10 years interest. What about statute of limitations? Well, they can sure TRY, but I wouldn't worry...
Popularity: 113 • Tools: Recategorize
Can a joint bank account be levied in New Jersey?
Yes. NJ is not a "debtor friendly" state. The exemptions allowed are very limited. Joint accounts can be seized in their...
Popularity: 113 • Tools: Recategorize
How do you respond to a lawsuit for bills you have been making payments on?
The response has to be to the summons itself. Meaning the party involved needs to answer the summons to claim exempted property...
Popularity: 109 • Tools: Recategorize
How long can they keep trying to collect on a repossession?
Peggy, the lender got a judgement against you for the Unpaid Balance after selling the car. That judgement becomes a sellable...
Popularity: 102 • Tools: Recategorize
Can you sue a company for sending your account to collection when you dispute the charges?
Perhaps. More details would be needed to give a definitive answer.
Popularity: 102 • Tools: Recategorize
Does a company have the right to try to collect again after putting a 'charge off' on your credit report?
They can and usually will attempt to collect, but once it is charged off you should not respond to the creditor. Instead you...
Popularity: 101 • Tools: Recategorize
Can a collection agency have you arrested and sue you for the debt if you are unemployed and on Social Security Disability?
You cannot be arrested for failing to pay a debt. The collection could sue you, but the judgment would be nearly impossible to...
Popularity: 101 • Tools: Recategorize
What can you sue a creditor for?
It's not simple but it is possible, assuming that there is substantiating evidence. Some of the reasons a creditor can be sued...
Popularity: 100 • Tools: Recategorize
How do you go about suing a collection agency for harassment and will it actually hurt you to try?
2nd part of your question first: No, it won't hurt you to try and may help you by forcing you to educate yourself about your...
Popularity: 96 • Tools: Recategorize
Can a judgment be entered against a defendant if his current address is not known?
It is possible, but very remote. In this day and age, it is usually pretty easy to find someone to serve them with a lawsuit. ...
Popularity: 96 • Tools: Recategorize
If a person dies with no estate and has a credit card debt only in their name can a creditor collect from the surviving spouse or adult children?
No. Or... It may depend on the state you live in. Some states are community property states. Depending on the state...
Popularity: 95 • Tools: Recategorize
What are Arizona's laws concerning original creditors collection agencies third party collectors lawsuits bankruptcy and SOL?
Wow! I am afraid that would take a considerable length of time to impart all that info. In general original creditors do not have...
Popularity: 94 • Tools: Recategorize
Can a creditor legally harrass the person having general power of attorney for a debtor?
A creditor cannot harrass anyone. It is a direct violation of the FDCPA. The problem is defining what creates a harrassment...
Popularity: 93 • Tools: Recategorize
What actions can the creditor take if you can't pay your debt?
They can initiate a lawsuit. If the creditor wins the suit, they will then petition for a writ of judgment and proceed to execute...
Popularity: 93 • Tools: Recategorize
Can a debt collection law firm in Flordia garnish someone's pay even if that someone never went to court?
No! In order to obtain a garnishment order the creditor must follow due process of law. They must file suit, receive a judgment...
Popularity: 93 • Tools: Recategorize
What is the statute of limitations on medical bills in Maryland?
Three years from the DLA.
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If you don't receive a summons or any documentation regarding a pending lawsuit by a collection agency how do you know if it's really true?
If you are being sued, you will always receive a summons. Sometimes it is delivered by a process server sometimes by registered...
Popularity: 91 • Tools: Recategorize
How do you stop lawsuits or judgments against you by creditors?
How do you stop lawsuits or judgments against you by creditors?The answer is to learn how to deal with creditors and to know what...
Popularity: 91 • Tools: Recategorize
Can a credit card company attach your bank account when the only income in the account comes from Social Security checks?
No. All SS benefits are 100% exempt from creditor action under federal and state statutes. Likewise workman's compensation...
Popularity: 90 • Tools: Recategorize
Can a creditor garnish a checking account without giving notice or getting permission?
Absolutely . I used to locate assets for a large motor credit company for accounts that have already been sued and one of the...
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What are the consequences of a judgment?
The Fair Credit Reporting Act states that a judgment may remain on your credit report for 7 years. Many jurisdictions will also...
Popularity: 89 • Tools: Recategorize
How do you get a lien removed from your house that was placed there for an ex-husbands debt?
In may depend on what the final judgement for divorce says about it. I was awarded the home in the divorce decree and am...
Popularity: 88 • Tools: Recategorize
Can wages earned in Nevada be garnished to cover a credit card debt incurred when living in California?
Yes, Nevada allows wage garnishment, but the creditor will have to sue in the appropriate Nevada court. An "abstract of...
Popularity: 88 • Tools: Recategorize
Can pension benefits be garnished for a credit card debt?
The short answer is NO. All Social Security benefits and most private pensions are exempt from creditor judgments. SS, SSi,...
Popularity: 88 • Tools: Recategorize
Does a judgment remain on your credit report after 7 years?
The Fair Credit Reporting Act states that a judgment may remain on your credit report for 7 years. Many jurisdictions will also...
Popularity: 87 • Tools: Recategorize
Can a collections agency tell you what you have to pay to keep the debt out of a lawsuit?
Once a debt goes into collections, or achieves charged off status, the entire amount owed is due and payable in full. Payment...
Popularity: 86 • Tools: Recategorize
Can a creditor get a judgment against you even if you leave the country?
The action a creditor can take depends on the time frame, the state the person resided in, and the type of debt. In most cases a...
Popularity: 86 • Tools: Recategorize
Should you still pay credit card charge offs or settle the account if they both have the same negative results on your credit report?
The simple answer is..a settlement is an agreement between the creditor and debtor for repayment of a specified amount of the...
Popularity: 86 • Tools: Recategorize
Can a creditor garnish your wages or file suit for an old debt if you have been making payments as often as possible?
Yes, if the original terms of agreement were not followed, a creditor could file a suit, win, receive a judgment and enforce the...
Popularity: 84 • Tools: Recategorize
What are the Wisconsin laws on debt collection?
You could start with your state Attorney General, they should have a website. Also check out http://wdfi.org/statutes/ scroll...
Popularity: 84 • Tools: Recategorize
Can the collection company have you arrested or garnish your wages for non payment?
You cannot be arrested for owing money. If a collection rep. even hints at such an action being taken against you. She/he is in...
Popularity: 81 • Tools: Recategorize
What is a bad debt?
The Amount which may not be collected is called bad debts.
Popularity: 81 • Tools: Recategorize
How can a small business join a credit bureau so they can report bad debt?
There is a link at www.equifax.com
Popularity: 81 • Tools: Recategorize
Can a creditor sue you if you are trying to pay them?
It would depend on what the term "trying to pay" means. Once a debt goes into default it is due and payable in full. Any...
Popularity: 79 • Tools: Recategorize
How do you remove a property judgment?
You have to pay the creditor the full amount of the debt for which the lien against the property was issued.
Popularity: 79 • Tools: Recategorize
What are your rights if a collection attorney is calling your place of employment threatening you?
Try this link for the answer http://proagency.tripod.com/skp-ca-cl.html for more info see www.steveshorr.com/law.htm This...
Popularity: 79 • Tools: Recategorize
Can a creditor refuse a voluntary repossession and still demand payments?
yes, as this would make it easier to obtain a judgment and/or wage garnishment for whatever is owed.
Popularity: 79 • Tools: Recategorize
Can a home inspector place a lien on a house you do not own?
If the persons living on the property are the ones who owe for the inspection but are not the owners, no. The person owed does...
Popularity: 78 • Tools: Recategorize
In California how much can you sue a harrassing creditor for each instance after requesting they stop calling?
Check out the Rosenthal Fair Debt Collection Practices Act. at...
Popularity: 77 • Tools: Recategorize
If the primary holder on a credit card dies who is responsible for outstanding balance?
In most instances the account holder is the only one responsible for the debt. If the deceased was married and lived in a...
Popularity: 77 • Tools: Recategorize
Can creditors garnish a joint savings account you had with your deceased mother?
Maybe. It depends on how the account is set up and the laws of your state of residency that governs creditor judgment...
Popularity: 76 • Tools: Recategorize
Is OSI a reputable company why can they remove money from your account without authorization and keep it for 2 weeks?
OSI is a large collection firm that has affiliates throughout the U.S. The only way they could remove money from a bank account...
Popularity: 76 • Tools: Recategorize
Is it legal for a creditor to make inquiries even after the account has been discharged from bankruptcy for over a year?
If you are referring to a credit report the answer is NO. If the query is in reference to a creditor attempting to collect a debt...
Popularity: 75 • Tools: Recategorize
What can collection agencies do if you really cannot pay them because you do not have the money?
Sue you, and if they win they can take whatever property isn't exempted. Also they can garnish wages and sometimes bank...
Popularity: 75 • Tools: Recategorize
Do you still have to pay a credit card debt after seven years?
Unless there are some unusual circumstances, the answer would be a resounding YES. You might be confusing this issue with the...
Popularity: 73 • Tools: Recategorize
What is a civil judgment?
The judgment is just the final rendering of the judge or jury's decision in a civil case. It might include a finding that one...
Popularity: 69 • Tools: Recategorize
Are there statutes of limitations for collection of credit card debt?
Yes. [ADDED-see below] The SOL depends on the state and type of agreement. Also note that credit card debt is called an open end...
Popularity: 69 • Tools: Recategorize
How long to you have to pay back what you owe after your car has been sold at repossession?
Well after I got my car repoed it took me till Oct of the same yr to pay the lender off with a new charge off amount repoed in...
Popularity: 68 • Tools: Recategorize
When a creditor charges off an account and a collection agency takes over why pay the collection agency and will paying the collection agency help your credit?
If you live in a debtor state (like TX) all the creditors can really do is harass you and wreck your credit rating. Otherwise...
Popularity: 68 • Tools: Recategorize
Can your wages be garnished to repay a charged-off credit card?
Assuming the state where the debtor works allows personal wage garnishment (not all states do), then the answer is yes but only...
Popularity: 65 • Tools: Recategorize
What happens if you leave the country with outstanding debt?
If you come back before the statute of limitation runs out on the debt, it could be waiting for you once you arrive on American...
Popularity: 64 • Tools: Recategorize
Can creditors in the state of South Carolina garnish your wages or take your house?
S.C. does not have a code that directly forbids garnishment of wages. However, the law is applied in such a way that it makes...
Popularity: 64 • Tools: Recategorize
Is there a time limit for collection of a charge off credit card debt?
From my recent experience, a creditor has 5 years only to collect a debt. If it has been 1 day under 5 years it is still...
Popularity: 63 • Tools: Recategorize
How can you stop your check from being garnished for student loans or lower the payments?
If you have a wage garnishment against you, this probably means that the lender already sued you and has a judgment. Sometimes...
Popularity: 62 • Tools: Recategorize
What are Texas credit card statute of limitations?
Credit cards are generally considered open accounts the Texas SOL is 4 years from DLA. SOL's only apply to lawsuits, they have to...
Popularity: 62 • Tools: Recategorize
Can collection agencies get on your credit report without proof that you owes money to the creditor who claims you do?
The answer to this question hinges on your understanding of the word "proof". A consumers' standard of proof is not the same...
Popularity: 62 • Tools: Recategorize
If you have a savings account levied and the levy is more then the balance in the account can you open a new savings account in another bank or does it show up thru out all banks?
no not untill the bank report u to chexsystems.
Popularity: 61 • Tools: Recategorize
If after a bill goes to collection you pay the bill with the original creditor can the collection agency continue to report the debt and seek their fees in Texas?
Perhaps. Collection agencies are governed by state laws. You may be able to find out if they can take such action by consulting...
Popularity: 59 • Tools: Recategorize
How do you write a hardship letter regarding medical bills?
Explain that you're in financial difficulty, and that you're not able to pay the bill that was required for your hospital stay....
Popularity: 59 • Tools: Recategorize
Can collection agencies pursue you for debts incurred after you have filed a bankruptcy?
NO NOT IF THE DEBTS ARE IN THE BANKRUPTCY. If they are included in the bankruptcy, give them your case info/ lawyer's name. ...
Popularity: 58 • Tools: Recategorize
