The term "charge off" indicates the original creditor has removed the debt from their balance sheet as uncollectible from the borrower. This is misleading however, as the debt may remain it must be validated according to the FDCPA should it come back in some other type of collection activity and subject to collection by means of an agency working for the OC or a third party that purchases the account. Also be aware that there are times that the debt is also used as a tax loss by a creditor then cannot be collected at a later time as the collector would then obtain unjust enrichment by obtaining two bites from the same apple. To determine this would require due inquiry by a process to validate and verify the debt. Remember no debt is not to be deemed valid unless validated and verified. It is surprising how many debt collectors do not have the original documentation that can actually be used in a court of law for collection purposes. Many of the debts must be wiped off yourif it cannot be lawfully validated and verified. If the debt cannot not verified and validated by the debt collector and the collector continues collection activity you may have grounds to sue the creditor and possibly the credit reporting agency pursuant to the Fair debt Collection Practices Act.
Yes, A charge off simply indicates that the debt has been written off the creditor's account as uncollectible. The debt can then be sold to a collection agency for pennies on the dollar. The 'buyer" of the debt will then pursue collection action by whatever means is allowed by the laws of the state where the debtor resides. Such action would be phone calls, letters and in many instances a civil suit for the debt owed.
Charged off accounts can still be sold to third-party debt collectors for collection. Nothing precludes them from attempting to collect on a charged off account. The collection agency that is contacting you would have to be licensed in the State of Maryland to conduct business. You can obtain licensing information on the Maryland Commissioner of Financial Regulation website.
Collect money from people who don't pay what they owe.You have a right in the fair debt collection practices act for a fair debt collection even if you owe a debt. You can request the debt collectors for a validation of debt. If they do validate you can further request to stop calling by sending a cease and desist letter to them.
Some collectors will settle for less than the amount owed, but it is a matter of choice not a legal mandate. Collectors generally will not settle a debt for a smaller amount if they believe they will be successful in obtaining a judgment against the creditor which they can use to collect the full amount of the debt plus legal costs and other fees. If the debtor is employed chances are good that the collectors will sue to obtain a judgment to use as a wage garnishment.
In most places the statute of limitations ran out long ago, so a lawsuit to collect the debt is void. In Texas the statute of limitations is four years unless some legal action has been taken within four years to collect the debt.Warning. I just read an item on this. If a debt collector contacts you about this loan and you offer to pay it back the statute of limitations starts again. IF you pay one dollar to the collector he can keep after you to collect the debt . Some debt collectors make a business of buying old debt and it is pure profit for them.
Yes. Deletion from the credit report does not affect whether the debt is owed or whether the statute of limitations on the debt has expired. Note that even if the statute of limitations has expired, collectors still can try to collect the debt -- they just cannot use the courts (or threat of legal action) to collect the debt. If you are getting collection calls on a debt that is past the statute of limitations, just send a written demand to the collector to cease all calls.
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.
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