Yes.
Absolutely, but he must obtain a judgment first.
The debtor must be sued in the court of jurisdication in their state. If the plaintiff/creditor prevails a judgment will be entered in their favor. The judgment can then be executed against property belonging to the debtor in accordance with the governing state laws. Collection agencies often use arbitration where it concerns medical bills. Arbitration allows the creditor to bypass normal court procedures by means of submitting valid evidence of the debt to the arbitration board. The debtor will be informed of the action and given 30 days to submit a written response. Even when an arbitration award is granted to the creditor said creditor must still file the action in the proper state court to receive a writ of judgment.
If the creditor is a participant in the chapter 13 then they should have received notification from the bankruptcy court. The bankruptcy petitioner should notify the trustee that the creditor is in error. If the creditor is not a participant, they can continue to contact the debtor until they are notified in writing to "cease and desist".AnswerSend the creditor a written letter stated they are to cease contacting you by phone immediately and Amy only contact you through written correspondence. This is allowed by the Fair Debt Collections Act, a federal law. That should at least get you started.
Luther David Swanstrom has written: 'Chapter ten' -- subject(s): Bankruptcy, Consolidation and merger of corporations, Debtor and creditor
Jim V. Lopez has written: 'Judgment proof' -- subject(s): Debtor and creditor, Estate planning, Executions (Law), Exemption (Law)
If there is a valid judgment against the account holder, the judgment creditor can levy the bank account to recover the monies owed according to the terms of the judgment and the laws of the state in which the account is held.
The length of time in all states of the US for a creditor to collect on a debt is seven years from the date of last payment, OR in the event a judgment has been obtained the creditor has ten years from the date of judgment or last payment, which ever is later.
credotomfocenter Oral Written Promissory Open IN 6 10 10 6 Typically, the court will try and contact you via mail, but they do not need proof that you were contacted, and you do not have to be present in order for your creditor to win. The creditor only has to provide proof the debt is owed. You want to avoid this at all costs, for it is after a judgment is issued that a creditor can seize bank accounts, assets or garnish wages. In addition, it is easy to renew a judgment once its SOL has past. In effect, if the creditor is viligient about his renewals, you could find yourself in the position where a judgment against you never expires.
Edwin Muir has written: 'Edwin Muir, uncollected Scottish criticism' -- subject(s): Addresses, essays, lectures, History and criticism, Scottish literature
If you receive a check that is stamped with "uncollected funds" or "insufficient funds," it means there was not enough money in your account to pay the amount the check was written for and the bank will not honor your check. Likely, you will be charged a bounced check fee that varies according to your bank's policies.
NO
They can put a lien on your house if own one. Getting a judgment doesn't require you to be there. It does mean that if you default on your payments they can take the property, put a lien on your home or whatever you have that is of value. I do know they can and will garnish your wages. I am sure in certain circumstances they might be able to check your balances. I'm not real positive about that though. The debtor must get such an agreement in writing signed by all involved parties. If that is done, the creditor cannot take further action to execute a standing judgment without receiving permission from the court where the judgment was entered unless the written agreement contains a default clause (it will!). DO NOT, make any payment by personal check, or release the name of the banking facility, routing numbers, account numbers and most importantly NEVER allow an automatic withdrawal of funds by the a judgment creditor or collector. You are not legally required to do so without a direct order from the court (this includes a creditor holding a judgment).