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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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∙ 8y ago
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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.
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?
Not necessarily. A debt collection agency can attempt to collect a debt through various means such as phone calls, letters, and negotiation. However, if the debtor disputes the debt or refuses to pay, the agency may choose to take legal action and go to court to enforce the debt.
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.
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 a creditor file a civil lawsuit against you?
If the creditor has a valid debt and if you are not able to make payments as they come due, the creditor can and probably will file a civil lawsuit against you. Once a creditor realizes that no amount of persuasion out of court will get him anything on the debt, a civil suit is the only recourse to getting paid.
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.
Can collection law attorneys help me fight a collection company?
Yes, collection law attorneys can help you fight a collection company by disputing the debt, negotiating a settlement, or representing you in court if necessary. They will work to protect your rights and ensure the collection company follows the law in their collection efforts.
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.
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.
