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How long does creditor has to file a lawsuit for a charged off debt Arizona?
Wiki User
∙ 16y ago
A creditor or collector can sue you whenever they feel like it. The question is can they collect? In Arizona the law states that from the time you make your last payment to the credit card company they have three years to collect through the court system. This is known as the Statue of Limitations,(SOL). But be careful these crafty collectors are aware of that so when they get a debtor on the phone a trick they will play is the get a good faith payment, say $50 bucks. This starts the clock all over again!
Wiki User
∙ 16y ago
In Arizona, creditors generally have six years to file a lawsuit to collect on a charged-off debt. This time period is determined by the statute of limitations for debt collection in the state. After the statute of limitations expires, the creditor may no longer pursue legal action to collect the debt.
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Is a debt past SOL and removed from your credit report considered legally satisfied?
No, a debt that is past the statute of limitations and removed from your credit report is not considered legally satisfied. The statute of limitations determines how long a creditor has to sue you for the debt, but it does not erase the debt itself. You still owe the debt, but the creditor may no longer have legal recourse to collect it through the court system.
Do debt settlement attorneys help with creditor lawsuits?
Debt settlement attorneys can help negotiate with creditors to settle debts, which may potentially prevent creditor lawsuits. However, if a lawsuit has already been filed, a debt settlement attorney may be able to represent you in court or help negotiate a settlement to resolve the legal issue with the creditor.
Can you go to jail if you do not respond to the court summons for a lawsuit for credit card debt?
It is possible to face legal consequences if you do not respond to a court summons for a credit card debt lawsuit. This can include a default judgment being issued against you, leading to wage garnishment or asset seizure. It is important to seek legal advice and respond to the summons to avoid these consequences.
Can a collection agency file a judgment on you for credit card debt in Texas?
Yes, a collection agency can file a judgment against you for credit card debt in Texas if you fail to repay the debt. This could result in wage garnishment or liens on your property. It's important to address the debt or negotiate a repayment plan to avoid legal action.
Can a creditor take a car that is in two names if the lawsuit is only against one person?
Generally, if the car is jointly owned, a creditor may be able to go after the co-owner's interest in the vehicle. However, laws vary by jurisdiction and the specific circumstances of the case can also impact how the creditor can pursue the debt. It is advisable to consult with a legal professional for guidance on this matter.
If a debt is charged off to you still have to pay it?
Yes. A charge off does not cancel the debt, it is still valid and collectible by whatever means is available to the creditor, including but not limited to a lawsuit.
Can you be sued for a charged off credit debt by the original creditor?
Yes.
If a creditor has written off your debt can a collection agency then come after you for the amount?
If the debt has been cancelled, no; if the debt has been charged off, yes.
Which states are closed to California debt collectors?
None. A creditor can continue collection actions (including a lawsuit) against a debtor regardless of where the creditor is located or the debtor resides.
Does chapter 7 protect from civil suit?
Depends on the nature of the civil suit. If its a simple debt collection lawsuit- a chpt. 7 can discharge the debt. If its a lawsuit seeking money damages due to fraud, then it might not be dischargeable if the creditor files a proof of claim.
Can a creditor file a civil lawsuit against you?
If the creditor has a valid debt and if you are not able to make payments as they come due, the creditor can and probably will file a civil lawsuit against you. Once a creditor realizes that no amount of persuasion out of court will get him anything on the debt, a civil suit is the only recourse to getting paid.
Should you pay off a debt that is already listed on your credit report as charged off?
A debt being designated as a "charge off" does not mean the debt is not valid and collectible. Collection of the debt will still be pursued either through an agency contracted by the original creditor or a third party purchaser. The creditor/collector has the option of filing a lawsuit against the debtor to recover monies owed as well as using common collection practices such as telephone and written correspondence.
Can you be sued after a bill was charged off on your credit record?
Yes, a 'charge off' does not invalidate the debt nor the legal rights of the creditor to collect that debt.
What can happen in the state of Georgia if a debtor can not afford to pay a judgment?
The creditor can file a civil lawsuit. If the creditor wins, he/she may be able to attach against property or garnish wages until the debt is paid.
Is a debt past SOL and removed from your credit report considered legally satisfied?
No, a debt that is past the statute of limitations and removed from your credit report is not considered legally satisfied. The statute of limitations determines how long a creditor has to sue you for the debt, but it does not erase the debt itself. You still owe the debt, but the creditor may no longer have legal recourse to collect it through the court system.
Can a creditor sue you if you are enrolled in a debt settlement program?
Yes. A debt repayment program other than a chapter 13 bankruptcy, does not confer legally binding terms on creditors to prevent them from seeking litigation. AN exception obviously would be if the creditor has signed an agreement agreeing not to file a lawsuit as long as the debt repayment obligation is met. It is however, very doubtful a creditor would agree to such.
What if a creditor files a lawsuit for a debt that has already been discharged in a bankruptcy?
If it's a small-claims case, answer that the debt was discharged in bankruptcy and attach a copy of the discharge order. Otherwise, contact an attorney to either provide a similar answer *or* take the creditor to Federal court for violating the discharge.
