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A lawsuit for collection of a debt is answered in the same way as any other lawsuit. You will use the lawsuit answer form prescribed in your state. It should look like the one that can be found at the related question below.
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Should you hire an attorney for a credit card collection lawsuit?
No
Can collection agencies garnish your wages?
Collection agencies cannot garnish wages or seize property. They can refer the deliquent account to a collection attorney who can file a lawsuit. The attorney must be licensed in the debtor's state and the lawsuit must be filed there. If the lawsuit is won, a writ of judgment can be issued. The writ can be executed in the form of wage garnishment, bank account levy and seizure of nonexempt property. There are collection firms such as Mann Bracken who are also collection attorneys, they handle accounts from large banks such as Bank One/Chase. MB has been authorized to act as an arbitration collector, which differs somewhat from traditional lawsuit action. ("Macky" macky83@juno.com)
Can a collection agency send your account to an attorney for a lawsuit if it is has been delinquent for less than six months?
Yes.
When a collection agency files a lawsuit and you reach a settlement with prejudice what does that mean?
When a lawsuit reaches a settlement with prejudice it means that the case is won. A person may still have to pay money or relinquish claims to a debt collector.
Can a collection agency sue for under 300 dollars in Tennessee?
Yes, there is no minimum or maximum amount of debt required for a lawsuit to be pursued.
What happens when a collection agency does not honor a settlement agreement?
If this occurs, then they may have violated the Fair Debt Collection Practices Act, or they may have generally breached a contract with you. If the violate the Fair Debt act, then you have a lawsuit against them.
How do you win a lawsuit for debt collection harassment?
To win a lawsuit for debt collection harassment, you need to gather evidence of the harassment, such as phone recordings or letters. You should also document the dates and times of the harassment. Then, file a complaint with the Consumer Financial Protection Bureau or hire a lawyer to bring a case against the debt collector.
If you don't receive a summons or any documentation regarding a pending lawsuit by a collection agency how do you know if it's really true?
If you are being sued, you will always receive a summons. Sometimes it is delivered by a process server sometimes by registered mail. A collection agency telling you, you are being sued, does not necessarily make it fact. Only attorneys can file suit and they have to adhere to the state laws where the person resides. A collection agency cannot sue you regardless of what they claim. Sorry, I should add you need to be aware of the difference in collection agency and collection attorney. For instance Mann-Bracken LLC, are collection attorneys and/or arbitrators. They can initiate a lawsuit.
Can a collection agency file a judgment on you for credit card debt in Texas?
Yes, a collection agency can file a judgment against you for credit card debt in Texas if you fail to repay the debt. This could result in wage garnishment or liens on your property. It's important to address the debt or negotiate a repayment plan to avoid legal action.
What happens if you don't pay a deficiency judgment on a car?
Then the lender can proceed collection efforts, which can lead up to a lawsuit, a judgment, wage garnishment, or lien on your property.
What happens to unsecured debts when a chapter 13 bankruptcy is dismissed?
The debts are still valid and creditors can continue with collection procedures including, in most cases, a lawsuit.
Can a collection agency sue you in court?
A collection agency cannot file a lawsuit against a debtor. The agency can refer the account to a collections attorney who is licensed to practice in the state where the debtor resides, and that attorney can file a suit against the debtor. Some collection attorneys or firms are also licensed to arbitrate accounts, which means the account is sent to the National Arbitration Board rather than the use of standard civil lawsuit procedures. Actually - a collection agency CAN sue you in court, IF the collection agency owns the account. However, you are correct, they cannot file a lawsuit against a debtor IF they are acting on behalf of the original debt owner, i.e., Sears, JC Pennys, etc. Most collection agencies, who actually OWN the debt account, purchase these things at very small costs ... as the original folks have written it off their books. Therefore, if they do take you to court, most likely, it will be small claims court... Debt collection, inlight of credit cards, etc., is actually a CIVIL matter and NOT a criminal matter.
