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Is it legal for debt collectors to use intimidation tactics when contacting the debtor?
Wiki User
∙ 13y ago
Debt collectors, in the US, who cross the line are actually breaking the law (5 laws in particular):
- Fair Debt Collection Practices Act
- the Fair Credit Reporting Act
- Truth in Lending Act
- Fair Credit Billing Act
- and the Gramm-Leach-Bliley Act
Wiki User
∙ 13y ago
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Can debt collectors in Canada sue you in the US?
No, and vice-versa. Creditors can in most cases still file a lawsuit against the debtor and the debtor will lose by default for non appearance.
What is the statute of limitations in Texas on a credit card debt that is 14 years old?
CC debts are generally considered open accounts. The Texas SOL for an open account is 4 years from the DLA. The SOL applies to litigation action only and does not mean the debt is no longer owed or collection procedures cannot be used. However, any repayment of said debt would have to be done voluntarily by the debtor, unless there are mitigating circumstances. Please be advised, unethical agencies buy and attempt to collect on SOL expired accounts by the use of intimidation, deceit, and out-and-out threats, such as the debtor will be jailed, lose all their property, their employer,neighbors, family, etc. will be contacted, and so forth. All such tactics are illegal and should be reported to the justice division of the state attorney general in the state where the debtor resides. This also applies to those collectors who claim to be or actually are collection law firms/attorneys.
What if a parent leaves the house to four children. One child has debt collectors after them. Can the debt collector's go after that child's share in the house?
Yes. If a debtor inherits an interest in real estate and the creditor finds out, it can place a lien against the debtor's interest in the property.
When can debt collectors not call you?
Not before 8:00 a.m. and not after 9:00 p.m. as regulated by the time zone in which the debtor resides. A debt collector may attempt to contact the debtor 7 days a week between the aforementioned times, including official holidays.
Why can't credit card collectors take you to court in Texas?
Creditors have the legal option to sue a debtor for default in financial contracts in Texas and every other U.S. state. However, Texas has a rather unusual statute which does not allow a judgment creditor to garnish the judgment debtor's wages unless there are no other options for collecting the debt. A judgment creditor can, levy a bank account, place a lien on real property, request liquidation of non exempt property, such as stocks, bonds, etc. owned by the judgment debtor.
In Alabama is it legal for creditors to contact a debtor on a Sunday?
Yes. The FDCPA does not prevent creditors/collectors from contacting a debtor on Sundays or holidays. Collectors cannot contact the debtor at unusual times, for example 3 A.M, or call excessively. The definition of "excessively" is broadly defined.
Do you have to pay a 1000 credit card charge off from 14 years ago?
In all likelihood the statute of limitations has expired and the holder of the debt cannot pursue legal action to recover monies owed, but it is not unusual for collectors to attempt to collect such debts, often, unfortunately through intimidation tactics. It would be in the best interest of the debtor to research the laws of the state in which he or she resides concerning this matter. Likewise, the debtor should not make any payment and/or payment agreement either verbally or in writing to repay the debt without having explored all the options. A debt of that age could not become a valid entry on the debtor's credit report.
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.
Can debt collectors in Canada sue you in the US?
No, and vice-versa. Creditors can in most cases still file a lawsuit against the debtor and the debtor will lose by default for non appearance.
Can a creditor call on Sunday in Michigan?
Yes.The FDCPA does not prevent a creditor/collector from contacting the debtor on Sundays and/or holidays.
Credit Card Debt Collection Laws?
Credit cards are unsecured debts; your creditor can't take away any of your property if you fail to pay the debt back in accordance with your card agreement. Your creditor can sell the debt to a collections agency or sue you to recover the debt. Creditors and debt collectors can't engage in underhanded or violent tactics to get you to pay your debts. If you owe money to credit card companies, you should become familiar with your rights. The Fair Debt Collection Practices Act limits the power of debt collectors. Collectors must not harass or intimidate debtors into paying debts, and must inform debtors of their rights upon first contact. Debt collectors must announce themselves; they must begin the call by telling the debtor what company they are from and that they are attempting to collect a debt. The debtor can then tell the debt collector not to call them anymore and the collector must oblige; however, the collector may still contact the debtor to inform him of upcoming litigation surrounding the debt. Debtors may also ask the debt collector not to call them at work. Debt collectors are also limited as to how often, and when, they may call debtors. Debt collection calls may only take place between 9 a.m. and 9 p.m; calls are not allowed at times when it's reasonable to assume a debtor may be in bed. There's no firm rule on frequency of calls, but debt collectors may not call so frequently that it becomes harassment. Debt collectors also may not discuss the debt with anyone other than the debtor. If a debt collector speaks to friends or family of the debtor, he is limited only to asking for a contact number or address for the debtor. Debt collectors may not use intimidation techniques to coerce debtors into paying debts. They may not threaten violence against the debtor and may not verbally abuse the debtor; cursing at the debtor, yelling at her or calling her names are forbidden. Debt collectors also may not make threats that they don't have the power to carry out. For example, a collector may state that his office is going to sue to recover the debt if the office plans to carry out such a threat. However, the collector may not state that the debtor will lose his home due to credit card debt. If a debt collector violates any of the provisions of the Fair Debt Collection Act, the debtor has a right to file a complaint against him with the Federal Trade Commission. In some cases, debtors may sue debt collectors for damages related to violations of this act. Debtors should also contact an attorney if they have any questions about their rights regarding credit card debt, if they are considering filing bankruptcy or if they receive a notice of a lawsuit against them by a creditor or collections agency.
What is your business?
When a customer's loan or bill goes into default the company that lent the debtor the money will try to collect the debt. Most debt collectors are from the actual lender or are contractors that have purchased the debt and will try to collect the money from the debtor with interest.
How do you get an old creditor who was not listed on a chapter 13 bankruptcy to stop bothering you?
Send a letter of "cease and desist". This will not keep a creditor from filing lawsuit to recover the debt. It will only prevent them from contacting the debtor except to inform the debtor that a suit is being filed.
What is the statute of limitations in Texas on a credit card debt that is 14 years old?
CC debts are generally considered open accounts. The Texas SOL for an open account is 4 years from the DLA. The SOL applies to litigation action only and does not mean the debt is no longer owed or collection procedures cannot be used. However, any repayment of said debt would have to be done voluntarily by the debtor, unless there are mitigating circumstances. Please be advised, unethical agencies buy and attempt to collect on SOL expired accounts by the use of intimidation, deceit, and out-and-out threats, such as the debtor will be jailed, lose all their property, their employer,neighbors, family, etc. will be contacted, and so forth. All such tactics are illegal and should be reported to the justice division of the state attorney general in the state where the debtor resides. This also applies to those collectors who claim to be or actually are collection law firms/attorneys.
Can collectors make you pay?
No. Debt collectors contracted by the owner of the debt to contact the debtor for payment. In most cases they will say anything and harass you into make a payment. Depending on how their payroll works- If you do make a payment, they get a comission on the payment you make.
What if a parent leaves the house to four children. One child has debt collectors after them. Can the debt collector's go after that child's share in the house?
Yes. If a debtor inherits an interest in real estate and the creditor finds out, it can place a lien against the debtor's interest in the property.
How do you collect on a judgment when defendant lives out of state?
File a "foreign judgment" against the real property owned by the judgment debtor. This is done by contacting the tax assessor/land office in the county where the debtor resides. If the debtor does not have real property that can be encumbered by a lien, the judgment holder will need to secure a domestic judgment (requires another suit) from the state court in the county where the debtor resides to seize personal property or garnish wages for the repayment of the debt.
