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A collection agency has no legal powers. Some agencies are collection attorneys who can file lawsuits. Regardless, no one can seize another person's property without due process according to the persons state of residency laws. In other words they have to take you to court, win a judgment, execute the judgment, this takes a considerable amount of time. The exception is child support and/or spousal maintenance, or a court order that was already in place.
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Can a secondary collection agency collect on a charge-off when the debt is over 3 years old and the original creditor has declared bankruptcy?
More than likely. Three years is not long enough for an SOL to expire. What probably happened was, the account was bought from the creditor, which is common practice. The BK …of the original creditor, has no relevancy if the debt was sold.
If it's been over 7 years should you pay off an old credit card debt from a collection agency or just let it go?
I was told this by a lawyer. If you have an old debt that is older than a couple of years "DON'T PAY IT". Don't even talk to debt collectors and if you do never promise to ma…ke any type of payment. The reason- A debt is only reportable for 7 years from the terms of the original contract. Each time you promise to pay any part of the debt you form a new contract, extending the time that the debt can remain on your credit report. Paying a defaulted debt, or making arrangements to pay can not legally extend the reporting period for any debt. That fact is established by the Fair Credit Reporting Act. Under certain state's laws, however, paying or making payment arrangements CAN re-set the statute of limitations. SOL is the time period during which a consumer may be sued to recover a debt. This is likely what the attorney was warning about, not the credit reporting period.
While married and self-employed you filed joint tax returns with your now ex-husband who received tax credits for all the 5 years but you had a business so how do you get the tax credits split up?
Answer If the refund was made out to both spouses then it belongs equally to both unless or until a court rules otherwise. If the ex-husband forged the wife's sign…ature and cashed the refund check he may have some explaining to do on several levels. Be that as it may, the injured spouse's only recourse would be to file suit in the appropriate state court, (small claims being the best choice)to recover her share of the refund. The IRS will not pursue the matter for her unless wrongdoing is evident, (such as a fraudlent return) in which case both filers would be subject to an audit.
This is the SOL, ( statute of limitations for State Oral Agreements, Written Contracts, Promissory Notes, and Open Accounts.And the years they are still able to collect.Alabam…a 6 6 6 3 Alaska 6 6 6 6 Arizona 3 6 5 3 Arkansas 3 5 6 3 California 2 4 4 4 Colorado 6 6 6 6 Connecticut 3 6 6 6 Delaware 3 3 6 3 D.C. 3 3 3 3 Florida 4 5 5 4 Georgia 4 6 6 4 Hawaii 6 6 6 6 Idaho 4 5 10 4 Illinois 5 10 6 5 Indiana 6 10 10 6 Iowa 5 10 5 5 Kansas 3 5 5 3 Kentucky 5 15 15 5 Louisiana 10 10 10 3 Maine 6 6 6 6 Maryland 3 3 6 3 Massachusetts 6 6 6 6 Michigan 6 6 6 6 Minnesota 6 6 6 6 Mississippi 3 3 3 3 Missouri 5 10 10 5 Montana 5 8 8 5 Nebraska 4 5 6 4 Nevada 4 6 3 4 New Hampshire 3 3 6 3 New Jersey 6 6 6 6 New Mexico 4 6 6 4 New York 6 6 6 6 North Carolina 3 3 5 3 North Dakota 6 6 6 6 Ohio 6 15 15 ? Oklahoma 3 5 5 3 Oregon 6 6 6 6 Pennsylvania 4 6 4 6 Rhode Island 15 15 10 10 South Carolina 10 10 3 3 South Dakota 6 6 6 6 Tennessee 6 6 6 6 Texas 4 4 4 4 Utah 4 6 6 4 Vermont 6 6 5 6 Virginia 3 5 6 3 Washington 3 6 6 3 West Virginia 5 10 6 5 Wisconsin 6 6 10 6 Wyoming 8 10 10 8 This is some more info... Collections Action - A creditor or third-party collection agency can legally demand or request payment on a debt, via letters and phone calls, forever, as long as the debt remains unpaid. A debtor can order a third-party collector to cease communication, as per the Fair Debt Collection Practices Act, which should stop routine demands from that source. (See our Collection Agency FAQ for details.) In practice, the older a debt is, the less vigorous the collection efforts will be, and the more likely the creditor or collector will give up easily. And, unless the debt is secured by some type of property (e.g. a car), they cannot actually force a debtor to pay without a lawsuit. Lawsuits - When a consumer is seriously delinquent (late) on a debt for a significant amount, there is the possibility of the creditor filing a lawsuit. The time limit for doing so is known as the statute of limitations, which is set by individual states. The relevant statute is the one for the state in which the debtor resided at the time of the delinquency. The expiration of the statute of limitations covering a debt will not necessarily prevent a lawsuit, but it will provide an absolute defense, whereby the debtor is simply required to file a response with the court, pointing out this fact, in order to have the suit dismissed. Here is a chart with the statute of limitations for each state and type of debt. Judgements - If a lawsuit has already been filed and won by a creditor, there is another, separate statute of limitations for enforcing (collecting) the judgment. Here is a chart with the judgment enforcement time limits for each state. Federal Taxes - Ten years from the date of the assessment for delinquent amounts, unless a lien has been filed. Tax liens on, for example, real estate, remain until the back taxes have been paid. Student Loans - There is no statute of limitations or other time limit for lawsuits or other enforcement action on defaulted federal student loans. Credit ReportingThe time limits for various types of information to appear on consumer credit reports are set by the federal Fair Credit Reporting Act. Making payments or partial payments on bad debts does not effect the running of the credit reporting time limits, except in the case of tax liens and federal student loans. All other types of items should expire on schedule, based on the original dates, regardless of when or whether they are paid. There was previously a great deal of confusion over the starting point, which could have been interpreted as the date of the last activity on the account. This resulted in the possibility of "re-setting the clock" on an old bad debt by making a payment on it, or by paper-shuffling on the part of collection agencies. The issue was clarified in the 1996 amendments to the FCRA, which set a specific starting date related to the original delinquency date (see FCRA Section 605 (c) (1).) Inquiries - Two years. Late Payments - Seven years from the month in which the late payment was due. If there are multiple late payments in one account item, then they will each expire individually. Charge-Offs - Seven years. The time runs from the date of the delinquency, plus 180 days. If a payment was due on an account on January 1, 2000, but the debtor defaulted, and never caught up to become current again, and the account is eventually declared a charge-off by the creditor, then the seven year reporting time limit starts running on July 1, 2000, with the item scheduled to expire from his/her credit reports on July 1, 2007. Here is our article on charge-offs. Collection Accounts - Seven years. The running of this time limit is the same as with charge-offs. The date of delinquency still refers to the original delinquency with the original creditor, regardless of when the collection agency began working the debt. This includes debts that have been bought by a collection agency. Collection agencies cannot legitimately "re-set the clock." Lawsuits And Judgements - Seven years or until the governing statute of limitations has expired, whichever is longer. Bankruptcy (Chapter 7) - Ten years (from the date of entry of the order for relief or the date of adjudication. Bankruptcy (Chapter 13) - Seven years. Paid Tax Liens - Seven years from the date of payment. Unpaid Tax Liens - Forever (unless paid - see above.) Unpaid Federal Student Loans - Forever (unless paid, after which they can appear for seven years.) The above time limits apply to credit reports which would be available to creditors for most types of credit applications. However, the credit bureaus are legally permitted to disclose older information in the following situations: A credit application involving a principle loan amount of $150,000 or more. An application for a life insurance policy with a payout of $150,000 or more. An application for employment in a position paying $75,000 per year or more. Credit Problems Menu
All US states have a statute of limitations concerning the collection of debts. The longest SOL is 6 years, that being the case it is unlikely that the court would …allow a creditor or collector to file suit in an eleven year old case. Be advised, it is the responsibility of the debtor to use an expired SOL as a defense when faced with a lawsuit. Wages cannot be garnished without a valid judgment having been awarded by the court.
Answer It depends on what state you live in . I live in Florida
Depends on your states statute of limitations. If your state has a 7 year statute than no it can not. But they will try. If statute is not up yet but close to being up then yo…u can ignore their phone calls and mail and let it expire. If you respond it will re-age the debt. However, collection agencies will sell your debt to another collection agency when the statute of limitations on the debt is about to expire. When they do this, the time clock starts all over again and there is a new 7 year time limit. As a side note, you can always dispute this debt on your credit report. The original creditor must verify the debt and has 30 days to do so. If it has passed from collection agency to collection agency, then chances are slim that they will be able to verify the debt. This will likely come off your credit report easily. The original creditor has already written off the debt as a tax write-off. Just keep in mind that if it is sold to another agency, then it can go back on your credit report for another 7 years.
If self employed last year and had no sales and no tax with held can you file for the 2008 tax refund?
Answer Even if you are self-employed, you have to pay into the tax system and file a return for the business--if it is just you, and you haven't incorporated, the 1040 …will do fine. From what I understand, the IRS will not look askance if you do not have a profit the first three years, but you have to eventually make a minimum amount, or ithe IRS will consider it a hobby and disallow any losses on the business. There may also be a penalty if you owe tax and have not paid quarterly, so you may want to explore that. Answer You are saying that you have no earned income of any kind and no withholding for 2007. In that case, you cannot file for a tax refund, nor can you claim the economic stimulus tax rebate. If you actually did have earned income and/or Social Security, Railroad Retirement or veterans' disability benefits last year totalling, in any combination, at least $3,000, you will qualify for a rebate, but you must file a tax return to get it, even if you are not otherwise required to file a return. More information: http://www.irs.gov/newsroom/article/0,,id=179181,00.html Answer If you have absolutely no income, you may qualify for a refund from Earned Income Credit. See an example on how this credit applies: http://www.examplepedia.org/example.php?ComId=172 If you have some income, you will have to pay self-employment tax.
Hello, Please search in google for State Statute of limitation. I could have answered that, if i knew which type of debt it is and which type of contract you have al…ong with your state. You should get the answer, there are a lot of websites that have State Statute of limitation. Thanks!
Generally not directly from the IRS (unless they are collecting a tax debt)...but that doesn't mean that once you receive it they can't.
It depends on the Statute of Limitations for your state. If it is longer than 7 years, then it is still collectable although it may have fallen from your credit report. If the… SOL is less than 7 years, they can still attempt to collect and even file suit. However, if you follow proper litigation procedure and use the expired SOL as an affirmative defense then no judgment should be granted against you. If you do not respond with a defense then they can get a judgment collection on a debt that is 50 years old! Sadly, collection "attempts" are never time barred. I am not an attorney but an avid reader/learner in collections.
If self employed last year and had no sales or tax withheld ie inactive do you still have to file a Schedule C with your Federal tax return and for tax purposes are you still considered self employed?
Your self employed as you said you are. You just need to show at what...and it was done in hope of profit, although maybe not making any (yet), and not as a hobby. (Any …employee income is additional....you can have both). It would seem the business you run was either inactive, or unsuccessful...filing a Sch C, proving a loss, which can be used to offset self employed income in other years (and some other income in current year), would be advantageous.
Can a debtor be sued or wages garnished for credit card debt that is over 10 yrs old if the debtor is considered at poverty level in Nebraska?
Assuming there has been no court judgment entered the clear answer is NO bc statute of limitations has run out in every state assuming judgment. If the judgment can be overtur…ned (likely) then again no. To overturn a judgment you need a valid reason I.e. Never properly served. See federal rules of civil procedure rule 12.b for possible defenses If judgment valid then they can take only a percentage over a certain safe amount. I.e 10% of wages over $200 per week. So if u make $300 they can take $10 per week. likely not worth it Good luck but bear in mind most judgments can be overturned. Contact legal aid in your community for free legal advice
Yes, it can be garnished by a collection agency (CA). What happens is that the original credit sells the debt to the CA. Then the CA owns the debt. The CA tries to collect fro…m you. If you don't pay, they can sue you. If they sue you and win a judgment, they can garnish your wages. Of course, the CA may be suing you for debts that are not yours or where the statute of limitations has expired! Learn your rights by reading up on the FDCPA.
A legal office
No. If the debtor has received notice that the debt has been cancelled (forgiven) they should receive a IRS form 1099-C as the amount of the forgiven debt is now considered ta…xable income. Given those circumstances, the debt no longer exists and is no longer collectible.
They are pushing your buttons. The original company has probably written the debt off and it is possibly off of your credit report. Do not pay them one red cent, or they w…ill be able to resurrect the debt.