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Can a collection agency legally demand you tell them where you are getting the money to pay off your debt?
Wiki User
∙ 17y ago
Absolutely not. A collection agency can only demand payment of you. If you think the collection agency with which you're dealing is acting unethically, you should check out the Fair Debt Collection Act. You can file a formal complaint and the agency can be fined. * Legally they cannot "demand" anything, they can request, they can debate, they can negotiate, assuming the debtor wants to spend the time engaging in such, but they cannot "demand". The debtor always has the option of hanging up the phone and refusing to communicate with a collector or creditor, as there is no U.S. law that requires the debtor to do accept nor particpate in collection calls.
Wiki User
∙ 17y ago
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Can the collection agency be sued for not providing validation of debt after it has been requested?
Anyone can be sued for anything. Whether you will win is another matter. If a collection agency demands a payment and cannot or will not provide proof that the debt is valid, it should not be paid. You might then have a case for harassment if they continue to demand payment without validating the debt.
Can a collection agency do an asset investigation?
No, a collection agency has no legal power to demand disclosure of a person's financial status. If a lawsuit is initiated, the creditor's attorney can request a interrorgatories/discovery petitions, of which there are several types of legal categories. This is generally done if it is suspected that the debtor/defendant is trying to shield nonexempt assets from creditor/plaintitff attachment.
Can a collection agency reject a payment from you if it is less than the payment for the settlement they asked for?
Yes, a creditor/collector has no legal obligation to accept payment for anything other than the agreed upon amount. The same premise applies to making less than the minimum payment on credit accounts as well, such action would render the agreement null and void and the creditor can legally demand payment in full.
Has anyone had to deal with Omnium Worldwide Collection Company?
The last word was that Omnium was getting out of the collection business. Although some of their subsidaries may still be permitted to use the corporate name. Hello. I have NOT had the pleasure of dealing with this pitifull company. They call me EACH WEEK regarding my deceased love ones' account. I have had to threaten to sue this company and its employees due to the harrassing call from them. The debtor is not legally obligated to communicate with a collections agency. If they so choose they can write a letter and demand that the agency "cease and desist" collection attempts. The communication should be sent by certified mail and request a receipt of delivery. After the agency receives the letter they may only communicate with the debtor (1) Notify the debtor debt collection efforts are being terminated. (2) A lawsuit has been filed. (3) Special remedies such as arbitration is being invoked. Pertaining to a deceased debtor, such issues should be addressed by the administrator of the person's estate in connection with the state laws pertaining to probate procedure. Answer Actually depending ont he circumstances they are. If there is an estate or if your social security number partially secured the card and charges were made beyond the date of death. I have seen people go on vacations on credit cards after a fmaily member dies thinking they won't have to pay it back. PLUS Omnium Worldwide no longer exists it was purchased by West Asset Management. A much larger much more notorius collection agency.
Is it wise for you to give the collection agency post-dated checks 3 to 6 months in advance if that is what they keep calling and demanding?
Absolutely not! Never ever do this. A collection agency can demand anything, however they have no legal powers. If the CA is working for the orignal creditor all they can do is continue mail and phone contact. The debtor even has the option of sending a "cease and desist" letter to stop them from any contact at all. Before legal action can be taken, the OC has to refer the account to a collection attorney licensed to practice in the state where the debtor resides. Or the account is sold to a third party collector who after attempting to reach an agreement can refer the account to an attorney for legal action. All this takes a great deal of time, the debtor should never be rushed into making a decision as to a settlement or any payment agreements. NEVER GIVE A COLLECTION AGENCY YOUR PERSONAL FINANCIAL INFORMATION!
Can a collection agency pull more money out of your account than you agreed upon?
Not legally, no. Call them and demand they replace your funds.
Am I in a debt collection process?
The easiest way to find out if you are in a debt collection process is when a debt recovery agency contact you or the creditor some times handle debt collection inhouse. Usually collection agencies send a demand letter but that depends after the creditor turn to collections their receivables
Can the collection agency be sued for not providing validation of debt after it has been requested?
Anyone can be sued for anything. Whether you will win is another matter. If a collection agency demands a payment and cannot or will not provide proof that the debt is valid, it should not be paid. You might then have a case for harassment if they continue to demand payment without validating the debt.
Can a collection agency do an asset investigation?
No, a collection agency has no legal power to demand disclosure of a person's financial status. If a lawsuit is initiated, the creditor's attorney can request a interrorgatories/discovery petitions, of which there are several types of legal categories. This is generally done if it is suspected that the debtor/defendant is trying to shield nonexempt assets from creditor/plaintitff attachment.
Can your boyfriends wife demand a DNA on your child They have been separated for a yr not legally nor legally divorced?
Yes your boyfriends wife can demand a D.N.A done on your child. even if you are not legally divorced.
What options a person have to try and get the bank to work with them on the balance of a voluntary repo?
YOU HAVE TO CONTACT YOUR LENDER AND SEE WHAT THEY ARE WILLING TO DO. MOST WILL DEMAND FULL PAYMENT AND SELL YOUR NOTE TO A COLLECTION AGENCY AFTER YOU DO NOT PAY WHO WILL IN TURN GET A JUDGEMENT AGAINST YOU
Multitude of bill collectors calling for other people and when you tell them that no one lives here by that name they continue to call what can you do?
You can ask the bill collectors to stop calling you and inform them that the person they are looking for does not reside at that number or address. Additionally, you can block their numbers or file a complaint with the Consumer Financial Protection Bureau if the calls persist despite your request to stop.
Can a collection agency reject a payment from you if it is less than the payment for the settlement they asked for?
Yes, a creditor/collector has no legal obligation to accept payment for anything other than the agreed upon amount. The same premise applies to making less than the minimum payment on credit accounts as well, such action would render the agreement null and void and the creditor can legally demand payment in full.
Is it illegal to demand mail that isn't addressed to you?
You cannot legally demand the mail not originally addressed to you and can put you into legal hurdle.
You're negotiating debt settlement with a collection agency. Can you demand that in addition to a full deletion of negative notations made by CA that the OC remove any negative notations made as well?
The short answer is you can demand anything you would like. I think your question should be is it an effective way to remove negative listings by the OC, and that answer is probably not. Even if the agency says they will do that, they have no control over data submitted by another data furnisher. I would imagine a reputable agency wouldn't enter into that agreement, since they have no way to hold up their end of the deal.
Can a collection agency ask your employer for your position and salary?
The first time a collection agency contacts you, it must give its name and address, and the name of the original creditor (the business or person you owe money to). It must also tell you in writing the amount of the debt and any fees which have been added, such as interest or collection fees. You must also be informed of your right to dispute the information. * A collection agency cannot call or write to you more than three times a week. Only one of those calls can be at work. You cannot be called between 9 pm and 8 am. * A collection agency cannot harass, intimidate, threaten, or embarrass you. It cannot threaten violence, criminal prosecution, or use offensive language. * If you send a written statement requesting a collection agency to stop, it cannot continue to call or write to you to demand payment. If you have an attorney, the law prohibits a collection agency from contacting anyone other than your attorney. If you do not have an attorney, the agency can contact other people only to find out where you live or work. The collector cannot tell these people that you owe money. In most cases, the collection agency can contact another person only once. These same rules apply to contact with your employer.
Can a creditor or government agency automatically demand payment after a chapter 13 dismissal?
no
