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Debt Collection

Debt collection is a legal and necessary practice when products or services have already been provided but the consumer has not paid for them. Some companies use collection agencies to pursue payments on debts owed by persons or businesses.

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[First Debt Collection page]

What is a Restraining Notice with Information Subpoena on a bank account?

It is used by a judgment creditor to freeze the assets of the debtor and to find out what assets the debtor has.

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If something has been sent to collection can the collection agency charge extra Fees?

Typically it is NOT the collection agency that adds "extra fees". When the original creditor has exhausted all of it's internal...

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How long does a civil judgment last in Tennessee?

I found this website in the Related Link below that you put the state in the box and hit search it says for Tennessee it is 10 yrs

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Can employer refuse verification of employment to collection agency?

Yes, if it is just an inquiry. The employer cannot, however disregard an order from the court.

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Can you sue a relatives debt collector for harassing you?

Perhaps. The question is somewhat vague in the sense that there is some confusion about how you are related to the debt...

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Can a credit card company sue you and take your home in court?

A creditor can sue for a debt, whether or not someone's home can be seized and sold to repay that debt depends on several...

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If your ex-wife took out a credit card and did not pay the bills and then gave the collection agency your details saying you are responsible for the debt what can you do?

If your ex wife took out the card and listed you as a applicant [using your social security #, income or even forged your...

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When charge offs and debts finally are removed after 7 yrs will you get to start fresh?

It depends on what you mean "Fresh Start." Once your debt is removed it is gone permanently. That doesn't mean that you reapply...

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If neither the original creditor nor the debt collector has your Social Security number can the debt collector use some means find your number and attach it to the debt?

Yes. There are hundreds of databases available to a debt collector where they could find your SSN.

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If you opened a credit card account seven years ago but another company buys the delinquent account does the 7 years start all over again?

When you OPENED the account is not relevant. The date of first delinquency determines the start of the reporting period and that...

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How do you report a bad debt owed to you to be placed on that person's credit report?

The answer to your question if you have over 500 accounts that are past due is to purchase an enterprise level software that...

Popularity: 33 • Tools: Recategorize

Can a spouse be held liable for credit card debt when the account belongs solely to the other spouse?

The Credit Card Companies would rather hound the woman than a guy because they feel they can instill more fear in the woman. If...

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How do you dispute an outstanding debt from a telecommunications company?

If the debt appears on your credit report and you have evidence that you have paid it OR if its not yours at all, go to the...

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What happens to the first mortgage if the second mortgage is in foreclosure?

nothing...it remains a lien on the property and a debt which is assumed by the successful bidder at the auction of the 2nd...

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If I try a short sale and it doesn't sell before foreclosure can I give the deed to the bank and avoid the foreclosure?

You can't just give them the deed, no. All you can do is offer it to them and ask them to accept it instead of taking the...

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Can a collector come after a debt even though the debt was considered a charge off by the original bank?

Yes. Charge off status does not mean the debt is not owed. It is a term that is used to indicate that the original lender is...

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If you just divorced and already have foreclosures and repossessions on your credit report will filing bankruptcy help your credit score?

No, filing bankruptcy will never help improve your credit score, it stays on your report 10 years whereas a repo or foreclosure...

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If on SS disability can the direct SS deposits be taken?

Federal Law makes all Social Security benefits, 100% exempt from any creditor action. This does not apply to child support orders...

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Can a collection agency call and harass you and not reveal their phone number or identify themselves when you answer?

That would be a violation of the FDCPA. But if there is no evidence that it is a collection agency making the calls, there is no...

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Does a collections agency need to supply the consumer documentation?

Under the Federal Fair Debt Collection Practices act, you can send a letter demanind verification or proof of the debt. They...

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What is the best way to pay off 56000 dollars of debt from 7 credit cards when it is already in collections?

Debt Consolidation. Google that term.

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Do you have a chance to inspect property you are considering for purchase at a foreclosure auction prior to the auction?

There is no chance a bidder would be able to request a viewing of the property being auction of as a foreclosure! That having...

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Is there a statue of limitation for fraud?

Answeryes, I'm relatively sure there is a limitation statue, but you need to check your state, statues are different in each...

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In Illinois is spouse liable for deceased debt?

Yes, because the death does not really matter in terms of debt. One is responsible for any debts of their spouse anytime and all...

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Will debt collectors accept a voluntary payment or do they have to garnish wages for defaulted student loans?

In most cases, they'll accept a voluntary payment. Debt collectors buy old debts for pennies on the dollar and then try to...

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If someone owes you money and you have a copy of a cashiers check to prove it was a personal loan can you put a lien on his house if he does not pay?

Yes, it is likely to be possible, but call a local attorney for state specific advice.

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Can a town go back nine years and say you did not pay a fine in NY?

Yes, if it's a traffic violation, there are no SOL's governing those type of fines.

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Can a credit card company put a lien on a house that you own with another person or by yourself to try to collect their money?

It depends. Some credit cards come to you as equity loans (you activate the card, it gives you a limit on the card equal to the...

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Can you still be sued for cc debt after 7 years in Alabama and if you bought a car wcosigner could they take that?

The SOL for open accounts (credit cards) is three years. However, the possibility of a lawsuit is not necessarily moot. The SOL...

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What should you do if you were paying on an account by them taking out the money but then they stopped and you received a letter from a lawyer?

If there is not a pending lawsuit you should close the account as soon as possible. The best option is to obtain legal advice...

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Does the interest and finance charge stop each month after a credit card charge off?

No - I am a collector and service primarily unsecured credit card debt. Per the cardholder agreement that was signed with the...

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How soon after losing a case in small claims court can a creditor freeze your bank account?

A definite answer is not possible as there are many variables. The judgment creditor must locate the bank account, file the...

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If something has been sent to collection can the collection agency charge you interest?

If the original creditor charged interest then the collection agency will continue to accrue interest at either your states legal...

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Can an elderly person have her Social Security garnished because her car was repossessed and sold for less that what she owed on it?

No, ALL Social Security benefits are protected by both federal and state laws and are totally exempt from creditor actions. A...

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If a credit card company has a judgment against you can they force you to sell your home?

The forced sale of a homestead to pay unsecured creditors is in some cases possible. However it is very seldom done. In the...

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If unpaid medical is not on your credit report can they charge you for it after the fact?

Yes. Some institutions/businesses do not report to credit bureaus. The debt not being placed on a credit report does not mean it...

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How do you pay off a court judgment from a credit card company - pay the court or the lawyer for the creditor or the creditor directly?

AnswerYou pay the organization/creditor to whom the judgment was granted.

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What can be done if an agreement was made by phone to pay a monthly payment by Western Union and they agreed but then demanded it in post-dated checks even though they have accepted already?

Insist that the collector/creditor stick to the original agreement. A better option refuse to render payment until you have...

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How do small businesses report clients to the credit bureau?

Consult with a debt collector. They have the legal qualifications to report to credit reporting agencies.

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If your Sears credit card has gone into collection can Sears continue to add interest or updates to this account?

Yes they can. Many large department stores just put outstanding debts into the hands of a collection agency. They hound you and...

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How do you stop creditors from calling?

You can't. One will stop, another will call. Assuming this is in reference to debt collectors, a "cease and desist" letter...

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Where can you find a sample of a hardship letter to a creditor?

I don't believe there is any sample letter. I tell my customers to write a simple letter stating the facts. If it is simpler for...

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In Texas what is the time limit for moving out of a foreclosure when a minor child is involved?

A minor child has nothing to do with the foreclosure. Best option, talk to the judge maybe he will have simpathy and give you 30...

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If your wife's house is in foreclosure and the note is in her name but you have made payments on it in the past will it hurt your credit or only hurt hers?

I would say it should hurt her credit only. But i guess that would depend on if the house is in your name as well. Hopefully...

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What happens if a creditor receives a cease and desist letter from a debtor?

Then the creditor must cease any attempt to collect the debt. It means the creditor is not allowed to call debtor, or send the...

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Where can you find the law that says foreclosures and bankruptcies must be HAND DELIVERED to the credit bureaus?

You can't because there is no such law.

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Can you stop a creditor from freezing funds in a joint checking account that includes the paychecks of your spouse who is not involved in the debt?

Yes. Creditors cannot seize bank accounts except by due legal process. Which entails filing a lawsuit, winning a judgment,...

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Can a credit card company garnish your Social Security and state retirement benefits or freeze your USA bank checking account while living abroad?

All SS benefits are exempt from private creditor action (benefits may be garnished for back alimony, child support, unpaid...

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Is it legal for a collection agency to call and claim they filed a lawsuit against you two weeks ago?

It's hard to say without knowing the exact terminology the caller used. A DC can refer the account to a collections attorney who...

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What is the statute of limitations for a creditor to collect on an unsecured debt that you have reaffirmed and then defaulted on?

SOL time limits are set by the individual states. However, when the debt was reaffirmed and payments were made the SOL 'clock'...

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Once you give your lawyer all debt information will collection agencies and credit card companies still charge late fees until it is settled in court?

Yes, until a bankruptcy is discharged thereby voiding the debts. In the case of a lawsuit where the plaintiff wins, interest can...

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If you have medical bills from 1998-2000 that the collection agency or hospital turned over to an attorney now there is a judgment against you to garnish your wages is this legal after all this time?

If your husband has a judgment against him, that means a lawsuit was filed and he either lost the lawsuit or didn't respond and...

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What happens when a case is dismissed due to time limitations from a credit bureau on a charge off credit card debt?

If it was an action pertaining to the recovery of credit card debt and the state SOL was expired, the debt is no longer valid and...

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How do you fight a debt collector when the debt isn't yours but for someone with the same name since there's a debt in your maiden name 10 years old but you haven't used your maiden name for 25 years?

AnswerFirst question: I am not sure, but I think you would have to go to your credit reporting agency in person and dispute this....

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Do you have to pay a debt if another lender has purchased the account?

Paying the debt depends upon the circumstances of the debtor. Common sense would dictate that the majority of people would pay...

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What are you rights if your ex-fiance's bill collectors are calling and harassing you?

Unless you are also named on the loan papers, and you signed to be a sponsor, you are not responsible for his debts. Give them...

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What can you do when you cancelled a contract just days after signing and 5 years later you are told it was not cancelled and you are delinquent?

you show proof it was canceled back then!

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Can a collection agency put a judgment on your credit?

Yes they can. Happens all the time.

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What happens to credit card debt when a person dies in Florida?

It becomes part of the probate procedure of the deceased's estate.

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Can you make a deal with the finance company to pay the overdue balance if they send you something in writing?

Yes, you can make a deal with them. But it is usually on their terms. Good luck.

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Is it possible to buy a house if you've already had a foreclosure?

Yes, you can. If you show good credit worthiness after foreclosure. Usually two years after. With at least 3 new accounts and...

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Is there a statute of limitations in Texas for medical bills?

SOL in Texas for an Open Account is 4 years from last charge or payment and a Written Contract 4 years. Medical bills are...

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When giving a Rent Receipt what copy do you give to the customer?

The landlord keeps the copy, the tenent keeps the original.

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Is there any type of promissory notes that are amortized over 120 months?

All types of promissory notes can be amortized over 120 months. We can write secured and non secured notes, 1st and 2nd...

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Can a 9 year old debt be garnished by a collection company if you filed chapter 13 9 years ago and paid that same debt?

The answer is: Legally no...but! If you do note take specific steps to inform the collection agency that the debt was discharged...

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Can debt collectors collect on a debt after it has been charged off?

The term "charge off" indicates the original creditor has removed the debt from their balance sheet as uncollectible from the...

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How do you find creditors' addresses for filing bankruptcy?

Check your Credit Report. It has the names, addresses, and phone numbers of each of the creditors used over the past 7 years....

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Will creditors settle for 60 percent if they already have a judgment against you?

Yes they will! All they want is their money, but they will want it all and 60% is a large start. Just for your information if...

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If you've had a medical bill since 1999 but you're not sure if it is yours or not how long can they collect for?

They can try to collect forever. If you're not sure it's your debt, demand that they prove it with a request for validation per...

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When a collection agency buys your charge-off can they take you to court and garnish your wages?

Yes. They can sue you and if they win a judgment your wages can be garnished as long as you are in a state that allows wage...

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Can a joint account in Texas be garnished even if all the funds came from direct deposit wages?

Yes, Texas is a community property state therefore all joint marital accounts can be garnished regardless of which spouse...

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What happens when a collection becomes a judgment?

States establish the type and amount of real and personal property belonging to the debtor that can be attached by creditor...

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Will a mortgage lender know about a past foreclosure if it is no longer on your credit report?

AnswerA lender might not know at the time the credit is pulled but it may show on the title report. Depending on the state, a...

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Can you refinance your mortgage while it's in foreclosure?

If you are in foreclosure it will be very hard to refinance out of it. If you are able to get current I would say there's a...

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What banks in Colorado will open an account after bankruptcy?

open an account online at bofa.com . FREE CHECKING ONLINE AT BANKOFAMERICA.COM. ACCESS ATMS , DIRECT DEPOSIT, YOU CAN ORDER BANK...

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If someone defaulted on a VA loan in mid-1994 and the foreclosure is not on a credit report anymore would asking the VA a question about the loan renew the 7 years?

I'll start off by saying that I'm not an expert on this, and my answer is based on general principles. Asking a question, by...

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If two individuals living in NY marry and then move to California which is a community property state can creditors go after the spouses for the amounts owed once in California?

Yes, If the debts were incurred outside a community property state during marriage, the collection can be enforced. All it takes...

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According to a judgment you had filed against you when you settle the debt you need to get an Order to Satisfy. What is this and where can you get it?

In simple terms it is a court order that states how the debt is to be paid. Usually the order must be from the court where the...

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Can a collection attorney collect if you sent them a letter to cease and desist and the original creditor sent you an agreement that you agreed to pay?

If you paid according to an agreement and can prove it, the attorney couldbe liable for damages to you for unfair debt collection...

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Can a collection agency report an account from the year the account was handed over to them?

No, this is called "re-aging" the debt, so that it stays within the statutes for collection and legal action within your state....

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Is it better to file for bankruptcy or just wait for foreclosures to be removed from credit report?

The answer will vary on a case by case basis, so you might consider consulting with a lender if you are thinking about getting...

Popularity: 27 • Tools: Recategorize

Can you be taken to court and sued for the same thing twice even after 7 years they even tried to attach wages but was ruled in your favor as hardship?

It's possible, depending on the type of debt and if the state's SOL is applicable. Generally if it is a valid debt, the debtor...

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If a creditor claims they sent 14 bills before sending your debt to collections but you only received two bills can you dispute this?

If the account was in default due to failure to pay it is unlikely non-receipt is grounds for argument. Were the two bills...

Popularity: 27 • Tools: Recategorize

Can a collection agency report a debt for less than 100 to the credit bureau?

Yes they can. Most department stores or larger business' have a collection agency at hand and they are basically "the goon...

Popularity: 27 • Tools: Recategorize

If you owe money can they try to take your house if the mortgage is only in your husband's name but the deed is in your name?

It depends upon the laws of the state and the way the title to the property is worded. In most states the homestead exemption...

Popularity: 27 • Tools: Recategorize

What are your options if credit card companies are suing you for unpaid balances?

Pay the due balance! If the credit card company has filed suit, immediately file an answer to the complaint. Then call the...

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Can your wages be garnished after losing your house?

Garnishments Can someone garnish me without suing me first? Usually not. Except for some debts to the government, you can...

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If you take money out of a failing business and hide it as cash what can creditors do to you?

If the auditors catch it, you could be arrested for fraud. If they find out, then they can sue you. It isn't easy hiding...

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Can credit card creditors take your income tax refund?

No, neither federal nor state tax refunds are subject to creditor garnishment or seizure. Tax refunds can only be seized or...

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Can a credit card company take money out of your paycheck without taking you to court in Florida?

No, creditors must follow the legal procedure established by the laws of the debtor's state. The exception is if the account...

Popularity: 27 • Tools: Recategorize

Can a joint bank account be seized by a collection agency in New York?

Yup. That is the risk you run when using a joint account. My advice - NEVER use a joint banking account. I know its supposed...

Popularity: 27 • Tools: Recategorize

If you owe a lot of money to a hospital in Florida should you pay the collection agency or the hospital?

Can Florida homeowners lose their homes if they owe a hospital money? Can hospitals in Florida take your home if they have a lien...

Popularity: 27 • Tools: Recategorize

Can foreclosure of investment properties result in the selling of your own home?

In theory yes, but in practice I doubt it will happen. The bank will start the foreclosure procedure with your investment...

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If you are a Canadian living in Michigan and you owe the Canadian VISA and Mastercard company money can they come after you in Michigan?

The short answer is yes.

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What happens if you cannot pay your credit card bills?

Some consumer's are under the mistaken belief that a credit card issuer cannot take legal steps to recover the debt because a...

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How long does a short sale affect your credit?

AnswerIam bout to lose my house soon, getting divorce!. is it recommended to do a short sale? I am concerned about 1099-C taxes I...

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Once in a 3rd party collection agency for a hospital bill is there any way to go back to deal with the hospital directly to make payment arragements?

No. Collection agencies are vicious. Once they get their hooks into you nothing is going to stop them from belittling you,...

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What happens to the second deed of trust if the first deed of trust is in foreclosure?

Nothing essentially happens to the 2nd deed of trust unless the property actually goes to sale and the foreclosure does not get...

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Who is responsible for deceased fathers unpaid medical bills?

Unless he had insurance to cover bills in the case of his death, the creditors will be looking to the heirs of his estate to pay...

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What should you do if you have two different credit card companies with collectors calling you night and day threatening to pursue legal actions?

One option is to send the creditors/collection agencies, a cease and desist letter. It should be sent by certified mail. After it...

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