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Q: Can a creditor or collection company take legal action against you if you are paying on the debt in New York state?
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Related Questions

What does it mean when a creditor files a motion to release?

The creditor is asking to be excluded from the bankruptcy. If that is granted the debt will be valid and the creditor can resume collection action.


Can a creditor take any legal action against an inheritance?

If you're looking for someone to tell you that inherited funds are somehow immune from legal collection procedures, I don't think that will happen either. * All income including that of an inheritance is subject to creditor action if the creditor chooses to follow due process of law (civil lawsuit) to recover monies owed.


Can a judgment be filed against you while you are in a chapter 13 bankruptcy?

Generally the answer would be no with some very limited exceptions. While you are in a Chapter 13, the automatic stay prohibits nearly every type of debt collection activity. If a creditor takes action against you in violation of the stay, your attorney can file a motion for fines and penalties against the creditor.


When does a credit card company start garnishing your wages?

After the creditor wins a lawsuit and has been awarded a judgment against the debtor and then files the judgment as a wage garnishment action.


What is a notice of bankruptcy and stay?

When a bankruptcy is filed, an "automatic stay" takes effect, essentially a prohibition against any collection action by a creditor without the court's permission. This occurs even if the creditor has no immediate notice of the filing. Any collection action taken after the filing must be undone by the creditor.If there is a proceeding in a civil court to collect the debt, the appropriate action for the debtor is to notify the court of the filing, giving the name and address of the bankruptcy court, the date of filing and the docket number of the case in the bankruptcy court. This is often called a "suggestion of bankruptcy" or notice of bankruptcy."


Will you be notified before a lien is placed on your property?

You will be notified when the debt is due.You will be notified when the debt is overdue or in default.You will be notified the creditor is taking further action.You will be notified if a creditor takes you to court.You will be notified if the creditor wins a judgment against you.You will know throughout the process that your creditor is taking legal steps to collect money you owe.Generally, you will be notified when the creditor actually has the lien recorded against your property in the land records. By that time, you have been adequately notified of the pending action. You can visit the land records office to check for any liens that have been recorded against your property.You will be notified when the debt is due.You will be notified when the debt is overdue or in default.You will be notified the creditor is taking further action.You will be notified if a creditor takes you to court.You will be notified if the creditor wins a judgment against you.You will know throughout the process that your creditor is taking legal steps to collect money you owe.Generally, you will be notified when the creditor actually has the lien recorded against your property in the land records. By that time, you have been adequately notified of the pending action. You can visit the land records office to check for any liens that have been recorded against your property.You will be notified when the debt is due.You will be notified when the debt is overdue or in default.You will be notified the creditor is taking further action.You will be notified if a creditor takes you to court.You will be notified if the creditor wins a judgment against you.You will know throughout the process that your creditor is taking legal steps to collect money you owe.Generally, you will be notified when the creditor actually has the lien recorded against your property in the land records. By that time, you have been adequately notified of the pending action. You can visit the land records office to check for any liens that have been recorded against your property.You will be notified when the debt is due.You will be notified when the debt is overdue or in default.You will be notified the creditor is taking further action.You will be notified if a creditor takes you to court.You will be notified if the creditor wins a judgment against you.You will know throughout the process that your creditor is taking legal steps to collect money you owe.Generally, you will be notified when the creditor actually has the lien recorded against your property in the land records. By that time, you have been adequately notified of the pending action. You can visit the land records office to check for any liens that have been recorded against your property.


What steps should be taken when a creditor breaks the automatic stay?

the BK Trustee should be notified that property has been seized by the creditor. Property cannot be repossesed while the BK stay is in effect. Usually a creditor has not violated the stay, but simply did not receive the BK notice before initiating the action. In which case the property is returned and no repossesion or attempt for collection can be implemented, until BK proceedings are finished. If the court finds the stay was violated willfullly it may take action (such as a fine) against the creditor.


Does a debt collection agency have to go to court to collect?

Yes, a creditor/collection agency must obtain a writ of judgment from the civil court in the state where the debtor resides before any action can be taken against the debtor's property. The debtor will receive a final notice of judgment and be given a specified time to claim all exempted property from judgment action.


Can collection agency sue husband for your debt?

Anybody can sue anybody for anything...However, unless you live in a community property state, your husband is not liable for any debt that he did not sign up for.IMPORTANT: if a creditor or collection agency does commence any legal action against your husband who is not legally a party to the debt, then your husband will have to defend himself otherwise the creditor can obtain a default judgment against your husband.A default judgment can happen if your husband fails to answer the law suit.The court will simply find your husband in default for failure to respond and enter a judgment against him in favor of the creditor.The creditor can then begin to garnish earnings or attach any other assets that can be located.If your husband is not legally obligated to pay the debt, then the best first thing to do is to send the collection agency a letter and communicate that fact to them.The above information should not be construed as offering legal advice.


What if I do not pay the collection agency?

There are several potential scenarios: If you simply refuse to acknowledge the colelction agency, they may simply return the debt to the creditor as unrecoverable. Not so likely. If you do not acknowledge the collection agencies efforts, and they confirm your location, they may recommend the creditor seek legal judgment against you, and proceed to recover the debt without your consent. More likely. If you acknowledge the collection agency and tell them over the telephone not to contact you further, they may return the account to the creditor as unrecoverable. Not so likely. If you acknowledge the collection agency, and request they not contact you further, the agency may take that as a refusal to pay, and recommend to the creditor to file suit. Upon successful receipt of judgment, they will recover the debt without your consent. More likely. If you write to the collection agency that they not contact you further, suggesting in your correspondence that the debt is invalid, the collection agency may return it to the creditor as unrecoverable. Not very likely. If you write to the collection agency to no longer contact you, for any reason or no reason at all, the collection agency will contact the creditor to confirm the debt, and recommend upon confirmation to seek legal action, obtain a judgment, and take your assets. Most likely. Keep in mind that you are not obligated to pay the collection agency by any law in any state. You are however obligated to pay the original creditor.


Can collection law attorneys help me fight a collection company?

Yes, they are specialized in that type of work. A collection attorney will be able to look at your case and decide what is the best action.


If after a bill goes to collection you pay the bill with the original creditor can the collection agency continue to report the debt and seek their fees in Texas?

Perhaps. Collection agencies are governed by state laws. You may be able to find out if they can take such action by consulting the creditor/debtor laws of your state. Sorry, but more specific information is not possible w/o knowing the state of residency.


Can a collection agency put a lien on your house because of a charge off?

Yes. A charge off simply charges off the debt with the original creditor but just because it is charged off the creditor still can take action to collect on the debt.


How do you take action against an internet company?

What kind of "action?" You can take action against them just as you would against any other company. They can be reported to Consumer Affairs agencies - sued in court - etc. However, you may run into a bit of a problem if they are foreign-based.


Is it legal for a company to put you on an action improvement plan earlier then the company norm because you are pregnant?

It is not legal for a company to take any action against you because you are pregnant.


What does a collection agency have to do to take money from your private bank account?

Assuming the debtor does not voluntarily release the information for collection to the collector due civil process is required before such action can occur. The general steps are: The collector/creditor will file a civil suit against the debtor, win the suit (which is almost certain to happen); be awarded a judgment then execute the judgment as a levy against the judgment debtor's bank account.


Find out if a collection agency is legitimate?

I recieved a call from a collection agency but not able to find any info on the company. How do I know its legit? Company is Action Collects. Company was very rude with a customer that is willing to pay balance in full.


What to do if a creditor still says that you owe them after a cancellation of debt?

Ask the creditor to send you written verification of the debt including all of their documents after incurring the debt. If the cancellation of the debt is not indicated in their documents, then dispute the debt by providing your written notification of cancellation of the debt to the creditor and if unsuccessful, then dispute the debt with the credit bureaus who will initiate an investigation with the creditor and the credit bureau will usually repond to you in 30 days. If no response from the creditor then it will usually be deleted from your credit report. If the collection harassment continues then ignore it realizing that probably no legal action will be taken against you or you can contact an attorney to contact the creditor. Either pay the debt or file bankruptcy.


How long can a creditor hound you for an unpaid debt?

There is no time period in which a creditor/collector must cease attempts at collecting a valid debt. All US states have statutes of limitations for debts owed. The SOL is the time alloted for the creditor to file suit against the debtor to collect monies owed. The expiration of the SOL is not always a guarantee of not having to pay a valid debt(s), certain circumstances are applicable. It is the legal right of the debtor to inform the creditor/collection agency that they do not wish to be contacted about the debt either by phone, email, postal service, etc. If the debtor wishes to take such action he or she should send a "cease and desist letter" to the creditor(s) requesting that collection attempts should be ended. The correspondence should be precise and sent via registered mail with a return receipt requested in case proof is needed of the action having been taken.


Can your commercial bank freeze your Direct Express card for collection agencies?

If the card was issued by a government agency or other secured pension plan it cannot be seized by a creditor as the funds relating to the card are exempt from creditor action. Unfortunately not all DE cards hold benefits that are totally exempted from creditor action. That being the case the bank might be able to temporarily freeze the funds until they are proven to be exempt.


What happens if you lose your job and cannot pay your credit card debt?

It may sound ridiculous, but unfortunately loss of income is not a valid defense for not paying ones debts. The creditor will attempt to collect the debt for a certain amount of time and then may sell the debt to a collection agency which will continue the action. Both the original creditor or the collection agency have the right to pursue legal action in the form of civil suit if they believe it to be warranted.


What are your rights against bill collector callers who do not identify themselves hang up and threaten to sue?

Collection agencies are governed by federal and state laws. Debtors are given protection under the Federal FDCPA. A collection agency cannot "threaten" you with anything. They can inform you that your account may be referred to a collection attorney and legal action may be initated. Please familarize yourself with the laws pertaining to collection agencies. Be advised, that some of the laws do not apply to the original creditor.


Can they garnish your wages in Pennsylvania for an unpaid balance on an unsecured credit card?

No, PA. does not allow wage garnishment when it pertains to creditor action. Even though a credit card is unsecured debt, that does not mean the creditor does not have legal remedies for collection. They can file a lawsuit, if they win they will enforce a judgment in several ways, bank account levy, liquidation of nonexempt property, or liens against real property.


How does a creditor levy a bank account What does this actually mean?

They creditor is filing to ask the court to issue an attachment against your bank account. This is done by court order. You have the right to be notified and be heard. There are legal steps that can be taken to prevent this action.


Can a creditor get a judgment against you even if you leave the country?

The action a creditor can take depends on the time frame, the state the person resided in, and the type of debt. In most cases a court will allow a creditor to file suit in the party's previous residential state. If the person has any property or open bank accounts, a judgment award can be executed against them. And yes the person's credit will be damaged.