Can an out of state debt collector sue you?
Yes, an out of state debt collector can sue you. Many debt collection agencies collect for companies located all over the country.
We had a vehicle repossessed then the company sold the debt to a debt collector from another state will they be able to collect?
They operate the same as if the debt collector was in your state. I would ask for a Debt Validation letter from the new debt collector. Many times when debt is sold the supporting documents are not sold with it. If they cannot produce the original documents you may be in a situation where they cannot sue you and have to remove the deragatory from your credit report. P.S. I am not a lawyer.
Can an Ohio debt collector garnish your spouses income in Michigan if the debt was originated in Michigan-Are they bound to Ohio law or Michigan law?
The rule is the debt collector is bound by the laws of the state the collection action is being taken in. If the debt collector is not licensed or authorized in that state, it cannot legally act to collect the debt. Check with your state agency that licenses debt collectors. The debt collector can retain a local attorney to collect the debt, of course, and that would be under Michigan Law.
You work for a business which has a debt collector calling for an unpaid debt The collector keeps giving you information about the debt but you tell her you are an employee Is this legal?
Federal law, and most State laws forbid giving any information about a debt to anyone other than the debtor, or the debtors spouse in some States. The person who works with you could file a complaint with the FTC and possibly sue through a consumer rights attorney for violation of the Fair Debt Collection Practices Act. Of course, your testimony as to what information the debt collector gave you about them would be helpful.
"If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter - even if you don't think you owe the debt, can't repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don't want the collector to contact you again, tell the collector - in writing…
Yes, he can. Usually they dont. They wait till the end of the state statute of limitation. They sue you usually few months before that time. They will try all tactics to get the money from you, when they see they have no hopes, they take aggressive actions. You should also check if your pay checks can be garnished or not. If not, then there is no point to sue you. Self employed, disabled, unemployed…
You can sue anybody you want to sue if you can find a lawyer who will file the suit and you want to pay for it. You can file in federal court if a federal is in violation. A good lawyer will tell whether it is worthwhile to sue. Suits are expensive and even with a good case there is no guarantee that you will win. Be sure to exhaust every other available channel before…
Excellent question! The answer is YES! A debt can only be reported for seven years on your credit report, and then, by law, it must fall off your report. But this has nothing to do with the viability of the debt, which remains collectible, theoretically forever. However, once the debt passes the state statute of limitations, the collector may no longer sue to collect the debt. At this point, many collectors will write off the…
If one collection agency buys your debt and charges interest and then sells it to another debt collector can that new debt collector collect on the old interest?
Charging off the debt has not impact on the creditor's ability to sue. Charging off is simply a write-off for tax purposes. A creditor can sue any time prior to the expiration of the statute of limitation regarding of whether or not the debt has been charged off. The applicable time deadline will vary from state to state and depending on the type of debt.
If you are not refusing to pay and you pay the debt, they would have no reason to sue you. If you refuse to pay a valid debt, they may advise their client to sue you depending on what state you are in and what the laws are there. Some states only allow original creditors to sue and not the collection agency.
If the debt collector is authorized to do a debit withdrawl then there is documentation that you signed authorizing same. If the documentation you signed with the debt collector does not match with the amount being withdrawled from your account, notify your bank immediatly of the fraudulent transactions. Take the documents to the bank. Do not prewarn the debt collector that you are doing this.
If a debt collector puts a lien on your house does that mean your mortgage co forecloses your house?
Can a credit card company or debt collection agency sue you for an unpaid debt if you no longer live in the state where the debt was incurred?
Is it legal for a debt collector to refuse to respond to me and if so can they report my debt and lower my credit score if they won't disclose my debt information.?
Yes. It's possible, but unlikely. When a debtor doesn't make a payment between 4-6 months, the creditor must make a decision. But keep in mind that credit card debt is unsecured, meaning that the creditor has no collateral as security for the loan. They have several alternatives: 1) they can do nothing and hope that you will soon make a payment. 2) they can continue to try and collect from you. 3) they can sell…