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Can a third party collection agency collect any debt not listed on a bankruptcy?
Wiki User
∙ 17y ago
Yes. Whether or not the collector can file a lawsuit depends upon the SOL for the state in which the debtor lives, or in some cases where the debt was incurred.
Wiki User
∙ 17y ago
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If you took a college course and only gave your name and address can the college still send it to an agency for collection?
AnswerYes, if you have an outstanding balance due and especially if you provided your social security number on your application. The collection agency will then identify any accounts that have additional pertinent information such as social security number (if not provided), phone numbers and alternate points of contact. The agency will then attempt to collect the outstanding balance. If they fail to collect the debt, the delinquent account will be listed to your credit bureau. When you apply for any future loan, revolving account or have any one check your bureau for credit worthiness (i.e. apartment, cell phone or utility company) your college course debt will be listed as an unpaid debt. The debt may have also accrued interest, late fees and the collection agency fees.
Can you stop a creditor from selling your account once you have filed bankruptcy?
No. The bankruptcy is to stop anyone who has a right to collect a debt from being able to collect, called the automatic stay. If the debt is listed in the correct debt owner's (creditor's) address and it is discharged, it does not matter who owns the debt.
Can a third party debt collection agency collect any debt not listed on a bankruptcy?
Yes. Any debt not listed in a bankruptcy is fair game to collections. More than that, ALL debts MUST be listed on your BK petition, as well as ALL assets. You do not pick and chose what is included and not. You do not determine who gets paid and who doesn't. That is all decided by the court process. And now your thinking you should be protected for things you didn't list? READ YOU FILING and your sworn statement to the court. That everything is included is what you swore to. Not doing so is considered fraudulent (certainly contemp) to the court, will have you case dismissed and frequently criminal charges pursued. Better correct yourself quick!
Can a debt be listed on your credit report by the collection agency as two separate entries with one as a charge off and the other as a collection fee?
Yes, the charge off is entered by the original creditor, and the collection fee is a separate debt.
Is it legal for a creditor to make inquiries even after the account has been discharged from bankruptcy for over a year?
If you are referring to a credit report the answer is NO. If the query is in reference to a creditor attempting to collect a debt that was included in the bankruptcy, the answer is also NO!2If the creditor is listed in the bankruptcy, No. If they continue to pursue it you can contact your attorney request a copy of the matrix filed in your bankruptcy, and either advise them of the page number the creditor is listed on and that it was discharged. Or, you can file a complaint with the federal court in your area and have it investigated.
If a chap 13 bankruptcy is discharged and a bill is left unpaid can third party collections attempt to collect on it?
A bankruptcy can be closed or dismissed. It cannot be "discharged." The debtor is discharged from having to pay any dischargeable bills. If the 13 was successfully completed, and the debt was listed as an unsecured debt if the unsecured creditors were paid something under the plan, it might not have been discharged. Many third party debt collection law firms and agencies are trying to collect discharged debts in violation of the permanent stay. It is illegal.
You have a valid debt that was purchased by another collection agency however the original date that the debt was opened was 2003 The new collection agency has it listed as 2005 is this legal?
The date that is of the most importance is the DLA, which is used if it pertains to the state SOL. The opening account date can be disputed and possibly amended, but it will not affect the validity of the debt or prohibit the collection process.
Can you file a lawsuit on a collection agency that was listed on your chapter 7 discharge for continually harassing you after your discharge?
Yes you can file suit against the collection agency for violating the automatic stay. If you need further assistance please visit us at: <A HREF="https://www. OntrackFinancialGroup.com">Ontrack Financial Group</A>
Who is number is this- 757-961-3547?
The phone number 757-961-3547 is a collection agency named Portfolio Recovery Services. They seem to specialize in outdated accounts that no longer show on your reports and will suddenly call over and over about old old debts. They seem to be listed as a legitimate collection agency but use verbally abusive methods and make insulting comments in their collection attempts.
Can a collection agency for a non-credit card-type bill hurt your credit rating?
Yes Once a collection account is reported to your credit history, its origin no longer matters. If money is owed and it gets listed with a credit reporting agency as a collection account, it affects the main factor in your credit score: Payment history. See www.myfico.com/CreditEducation/WhatsInYourScore.aspx for details of a FICO score.
Can my ex-landlord collect unpaid rent during my bankruptcy I no longer live there discharge was July rent due was for June?
Not if you listed your landlord as a creditor on your bankruptcy petition and that there is excess property to pay your landlord after secured creditors and your exemptions. Unpaid rent is an unsecured debt. If a judgment lien is filed, you can avoid it if filed shortly before bankruptcy filing.
Can an hoa collect after bankruptcy?
Yes. Assessments are due and owing on the date of filing and thereafter. If past-due assessments -- owed to the date of filing -- were listed in the bankruptcy filing, they have been handled by the referee and must be treated as subject to those rulings.
