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Q: What property is exempt from being taken by a collection agency?
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What is the chance of being sued for an outstanding credit card balance under 4000?

If the collection agency knows your address and knows you have real property or assets, or a job, and are not exempt from garnishment...you are prime to be sued...You are paying the atty. fees and court costs anyway, so what do they have to lose?


Can a collection company freeze bank accounts that contain disability pension and social security checks in Pennsylvania?

A collection agency cannot seize a bank account period. ALL SS benefits are exempt from creditors. A collection agency cannot threaten to take your property nor do they have the power to do so. They can inform you that the account is being referred to a collection attorney who can pursue legal action. Be that as it may, your bank accounts are safe. You can inform the agency and the bank in no uncertain terms if they attempt such an action, you are prepared to sue for damages. The only way to stop collection bullies, is to play offense not defense.


Can you be arrested after being sued by a collection agency?

yes


What are the benefits of using a business collection agency?

There are a few benefits to using a collection agency for ones business or personal purposes. One benefit to using a collection agency would be being able to avoid having to directly deal with the person who owes money.


Does a debt being turned over to a collection agency ruin your credit?

Yes.


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 mail. A collection agency telling you, you are being sued, does not necessarily make it fact. Only attorneys can file suit and they have to adhere to the state laws where the person resides. A collection agency cannot sue you regardless of what they claim. Sorry, I should add you need to be aware of the difference in collection agency and collection attorney. For instance Mann-Bracken LLC, are collection attorneys and/or arbitrators. They can initiate a lawsuit.


What happens if a person lives out of country and is being sued by collection agency Does collection still get default judgment even if he didn't get the court apparence letter?

Yes


Florida hospitals and collection agency?

Collection agencies can collect for Florida hospitals. Medical bills are not looked on as poorly as other bills when offers of credit are being considered.


Can a collection agency put a lien on your property?

After due process of state law is followed, a creditor can place a lien against nonexempt property owned by the debtor(s). Basically the creditor/collector must file a lawsuit in the debtor's state, win the suit, be granted a writ of judgment and execute the judgment. A judgment can be used as a property lien, or wage garnisment, bank account levy and other such actions allowed under state statutes. The debtor is entitled to exempt property that is specified under the laws of the state. The most important being the homestead exemption, the Kentucky homestead exemption at present is $15,000 but will increase to $18,450 on June 20, 2005. The exemption does not need to be filed by the homeowner it is covered under state statutes.


Can your commercial bank freeze your Direct Express card for collection agencies?

If the card was issued by a government agency or other secured pension plan it cannot be seized by a creditor as the funds relating to the card are exempt from creditor action. Unfortunately not all DE cards hold benefits that are totally exempted from creditor action. That being the case the bank might be able to temporarily freeze the funds until they are proven to be exempt.


If being sued what is non exempt?

Non-exempt refers to assets or property that can be seized or sold to satisfy a judgment in a lawsuit. Non-exempt assets typically include things like cash, investments, real estate, vehicles, and valuable personal belongings. Exempt assets, on the other hand, are protected and cannot be taken to satisfy a judgment. The specific list of exempt and non-exempt assets can vary depending on the laws of the jurisdiction where the lawsuit is filed.


If the credit card company has charged off the full debt can the attorney who claims to directly represent the Credit Card Co sue the debtor?

Yes. A charge off is NOT the dismissal of the debt. It is a term used by creditors to remove the account from their books so it can be listed as a loss on their taxes. The account is then taken over by a collection agency or collection attorney who can recover the debt owed by whatever means neccessary. Which includes filing a lawsuit, being awarded a judgment, enforcing the judgment against wages, bank accounts and any non-exempt property.