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Can a collection agency send your account to an attorney for a lawsuit if it is has been delinquent for less than six months?
Wiki User
∙ 17y ago
Yes.
Wiki User
∙ 17y ago
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Was there a early lawsuit in the computer industry?
a medical person in a hospital referred to their computer on wheels as a 'cow' and a family member thought this person was talking about them. it led to a lawsuit.
How does civil trial begin?
A civil trial begins when a person brings a lawsuit against another for monetary restitution. The matter will go before a judge, and the judge will decide if the lawsuit is valid.
Why was the Supreme Court's verdict on the Federal governments lawsuit against The New York Times and the Washington Post so significant?
The Supreme Court's verdict on the Federal government's lawsuit was significant in several ways. First the lawsuit had to do with national security and the ability to keep certain issues secret when the US was at war in Vietnam. It was also significant in that all nine justices felt compelled to give their own reasons as to why they voted as they did. This is very unusual in itself. Also, it became clear that the ruling was in favor of the newspapers only because of the wording of the lawsuit. Their decisions clearly made it a situation that could have gone the other way in favor of the government if the lawsuit had been worded differently.
Sarah Margaret Fuller wrote which addressed issues related to?
The Great Lawsuit; gender equality Apex :)
How do you file a lawsuit against veterns who were exposed to agent orange?
Contractors for the government, are normally sanctioned by the Government.
Should you hire an attorney for a credit card collection lawsuit?
No
Can collection agencies garnish your wages?
Collection agencies cannot garnish wages or seize property. They can refer the deliquent account to a collection attorney who can file a lawsuit. The attorney must be licensed in the debtor's state and the lawsuit must be filed there. If the lawsuit is won, a writ of judgment can be issued. The writ can be executed in the form of wage garnishment, bank account levy and seizure of nonexempt property. There are collection firms such as Mann Bracken who are also collection attorneys, they handle accounts from large banks such as Bank One/Chase. MB has been authorized to act as an arbitration collector, which differs somewhat from traditional lawsuit action. ("Macky" macky83@juno.com)
Is it legal for a collection agency to call and claim they filed a lawsuit against you two weeks ago?
It's hard to say without knowing the exact terminology the caller used. A DC can refer the account to a collections attorney who then contacts the debtor. Once the account has been referred to the attorney the DC can contact the debtor once to inform the person that the account has been referred to an attorney for legal action. A DC cannot state that the collection agency are filing or have filed a lawsuit.
At what point does a creditor decide to charge off an account?
The original creditor is required by law to charge off an account after a 180 day deliquency. In most instances the account is sold to a third party collector. The collection agency will continue collection procedures. If an equitable arrangement cannot be made with the debtor, the collector may refer the account to an attorney who may decide to file a lawsuit.
Can a collection agency sue you in court?
A collection agency cannot file a lawsuit against a debtor. The agency can refer the account to a collections attorney who is licensed to practice in the state where the debtor resides, and that attorney can file a suit against the debtor. Some collection attorneys or firms are also licensed to arbitrate accounts, which means the account is sent to the National Arbitration Board rather than the use of standard civil lawsuit procedures. Actually - a collection agency CAN sue you in court, IF the collection agency owns the account. However, you are correct, they cannot file a lawsuit against a debtor IF they are acting on behalf of the original debt owner, i.e., Sears, JC Pennys, etc. Most collection agencies, who actually OWN the debt account, purchase these things at very small costs ... as the original folks have written it off their books. Therefore, if they do take you to court, most likely, it will be small claims court... Debt collection, inlight of credit cards, etc., is actually a CIVIL matter and NOT a criminal matter.
What are the legal steps in a charge off?
The creditor is required by law to charge off an account after it has been delinquent for 180 days. The account is usually bought by a third party collector for 2-3 cents on the dollar. The collector will proceed with collection action for the entire amount of the debt plus interest and any fees that are allowable pursuant to the state laws where the debtor resides. If an equitable repayment agreement cannot be made, the collector may submit the account to a collections attorney who can then file a lawsuit in the state where the debtor lives. There are also collection attorney firms who have been granted arbitration status. That involves a somewhat different procedure...Macky (macky83@juno.com)
What happens when you don't pay a collection agency?
If the person has made an agreement to render payment and then defaults, the agency will probably initiate legal proceedings. The majority of CA's are not attorney's and therefore cannot themselves enter into litigation. They usually refer the account to a collection attorney who will then file a lawsuit against the debtor. The lawsuit must be filed in the debtor's state of residency and the state statutes will apply to all legal procedures. There are however collection agencies/law firms who now have the ability to file for arbirtration, the debtor/consumer should be very cautious in either case and if possible seek legal counsel. If the agency feels the debtor is "judgment proof" they may return the account to the original creditor who will then decide to resubmit for collection or close the account as uncollectible debt. macky83@juno.com
How do you handle a third party collector who calls saying they are going to take legal action if you do not agree to their terms?
That's entirely up to the party involved. If the collector does not reach a satisfactory agreement with the debtor,the account might be referred to a collection's attorney. The attorney can file a lawsuit in a court in the state where the debtor resides. There are also collection attorney firms who are licensed to participate in federal arbitration action involving creditor/debtor affairs. (Macky...macky83@juno.com)
When do I need an attorney?
You need an attorney when you are involved in a lawsuit or case.
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.
How do you answer a collection lawsuit?
A lawsuit for collection of a debt is answered in the same way as any other lawsuit. You will use the lawsuit answer form prescribed in your state. It should look like the one that can be found at the related question below.
How do you go about charging off your unsecured credit?
A "charge off" is not done by the person owing the money. It is a term used by the creditor that means the account is being written off as a loss. An action taken for tax purposes. The debt is usually sold to a collection agency, which will proceed with the collection process, phone calls and letters. After a period of time, the account may be referred to a collections attorney, who will decide if a lawsuit should be filed.
