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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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2015-07-14 16:05:26
2015-07-14 16:05:26

Try the related link below, it looks to have have many answers for NY .

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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.

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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.

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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.

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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.

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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."


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