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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 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 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.


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."


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.


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.


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.

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