If you signed any form of personal guarantee or security agreement putting up your assets then yes they could attempt to attach to any asset you own. However, they would need to do this through the court system, they could not just wake up one day and decide to put a lien on your home.
Depends on the statutes in your state. If you are a self-help state and/or it's an act of replevin, and/or the debt is in the form of rent and the debt collector is the landlord removing an item from his rental property.
In general, debt collection agencies are required to follow the Fair Debt Collection Practices Act, which prohibits them from discussing your debt with third parties, such as your landlord, without your permission. If a debt collection agency is sharing information about your debt with your landlord without your authorization, they may be violating the law.
Yes, there will be a limitation. It would typically be a debt case, but could be a civil matter. The time frame will be specified in either the agreement or the local landlord tenant laws.
Consumer debt is governed by the FDCPA....commercial debt is not.
Bankruptcy does not relieve a tenant from paying his rent: it's not a debt. Rent is due in advance of the rental period and is not an extension of credit. Oh, and a landlord cannot evict a tenant simply because he filed for bankruptcy.
You should document the situation that occurred with the landlord on the day he personally visited. Debt Collection efforts are limited by the FDCPA, the Fair Debt Collection Protection Act. This is deemed harassment after you inform him not to come to your place of employment anymore or contact your employer in any way.Respectfully you should set a time to discuss the debt with them either in person or over the phone.
Sure can.
You are liable for the unpaid debt.
They can file a lawsuit, but whether or not it will be deemed valid, depends upon the laws of the state where the rental property is/was located. It is reasonably safe to assume that the SOL of such a debt has expired and the landlord has no legal recourse to recover monies owed. However, an SOL is not automatically granted to a debtor. If the debtor is sued he or she must provide the court with documentation that the SOL has expired and the debt is no longer valid. The majority of such cases are not acknowledged as being legally valid and the plaintiff is not allowed to go forward with the suit.
Wendy Walsh
Wendy Walsh
Every state does require a license to be a commercial debt collector.