I have retained a law firm to sue a collection agency. Do I still have to answser the Judgment?
Yes, you cannot ignore it. However, your lawyer must respond for you. Give your lawyer the information so that a speedy response can be made on your behalf. Learn your rights against collection agencies by reading up on the FDCPA.
How do you satisfy an unsatisfied judgment after another collection agency bought the account from the first collection agency that originated the judgment?
If a judgment has been made against a debtor and the debt is turned over to a collection agency is the agency able to garnish wages without taking the debtor to court?
If a judgment is in place the judgment holder can execute it under the provisions of the law of the debtor's state. It would not be necessary for the creditor to transfer the debt to a collection agency. That being said, a judgment is not transferrable, so if the original judgment holder did not record the judgment and take action they could not simply "pass it on" to another collector unless that collection agency was…
If a collection agency gets a judgment against you can they garnish your checking account for more than the judgment amount?
The collection agency can freeze your account, and garnish enough to satisfy the FULL amount of judgment, including court costs, attorneys fees AND interest accrued, which averages about 10%. So because the judgment verdict also has attached to it various fees, and accrues interest, the collection agency has the right to garnish the FULL CURRENT VALUE of the judgment. Your court of origin should be able to provide a full accounting of the current value…
Yes, a creditor/collection agency must obtain a writ of judgment from the civil court in the state where the debtor resides before any action can be taken against the debtor's property. The debtor will receive a final notice of judgment and be given a specified time to claim all exempted property from judgment action.
This is a misnomer. When an account is sent to debt collections, the collection agency does not typically own it. They are simply acting on the part of the lender or creditor. When judgment is sought on a bad debt, it is the lender who is suing. They are perhaps doing so through the collection agency and the lawyer they have under contract, but it is not the collection agency who is suing.
No. A collection agency has no legal authority. They can refer the account to a collections attorney who can then file a lawsuit for the debt owed. Yes! A collection agency has the right to file a lawsuit as the assigned creditor under the agreement that you signed when applying for the credit card.
With a judgment and execution, the sheriff can. Without it no. But the collection agency can never legally access it. However, there are ways to do it illegally. Can the creditor do it... ? If you have a citizens acct and a debt with them, then yes, they can legally access whatever accounts you have with them. But a creditor can't just get access to you bank accounts. (I own a collection agency)
In bankruptcy is a judgment that was entered by a lawyer for a collection agency which resulted in a drivers license suspension a secured claim by the collection agency?
It depends on the judgment. If it is a Motor Vehicle Judgment it is not a secured claim which makes sense since they went after your license and not your assets. Sometimes these Motor Vehicle Judgments show up on your credit report and the only way to get it off is to settle the judgment or file bankruptcy. If it is not a Motor Vehicle Judgment it is most likely a secured claim.
Yes. If a debt is defaulted on, there are several penalties that can be assesed by the collector. They can sue andmaybe received a judgment. Collecting on any judgment, however, is a different matter. Proof of payment to the original creditor would provide an affirmative defense to a lawsuit from a collection agency.
Collection agencies are usually retained by the establishment that you owe the defaulted debt to, if the borrower ( person in debt) does not want to work with the collection agency handling their debt, the collection agency will then document the account as a refusal then send the account back to the original lender then they will garnish your wages until the life of the loan is paid off.
There are several potential scenarios: If you simply refuse to acknowledge the colelction agency, they may simply return the debt to the creditor as unrecoverable. Not so likely. If you do not acknowledge the collection agencies efforts, and they confirm your location, they may recommend the creditor seek legal judgment against you, and proceed to recover the debt without your consent. More likely. If you acknowledge the collection agency and tell them over the telephone…
Actually I work for a collection agency. Yes, they can. If a debtor refuses payment, a collection agency will initiate legal proceedings. Step 1 is to get the judgment, this can be done at anytime within the statue of limitations. Then comes the lien and often a motion to garnish wages. There are only 5 states where you can't garnish wages for creditor debt: NC, SC, PA, FL, TX. Florida because of the head of…
Can a collection agency have the court garnish your wages in NC for debt owed to a banking institiution?
Collection agencies do not and cannot freeze accounts in any state. Only the courts can do this. However, if a lender has a valid judgment against you for a bad debt, any collection agency they hire to recover it can serve your bank with an order of garnishee and attach the assets in the accounts you have there.
Can a debt be classified as a judgment if you made a payment and the collection agency contacted you and you showed proof of payment and are paying the remaining balance?
if collection agency is not from your lender, but third party, then you need to fax them proof of your payments to your lender or financial insitution and have them send you a letter stating that they will not report you to credit bureau. and also have them contact the collection agency you are making payments. asian623 http://www.myspace.com/scionturboracing
If you settled a debt with a collection agency can another collection agency sue you for the remainding debt?
NO. Once you enter into an agreement with a collection agency no one else can collect against that debt. If you have other debts outstanding not covered in the agreement then another agency may be authorized to try and collect those debts. Collections agencies do not sue people. They can ask the courts to award a judgment or wage garnishment in order to help collect bad debt.
What will happen if you do not show up for court when being sued by collection agency or credit card company in the state of Texas?
The collection agency cannot reposses the vehicle unless they are the lien holder. If they are, they do not need an order of replevin to seize the vehicle unless they live in one of the few states that require such. If the collector does not hold the lien on the vehicle they will be required to file suit against the debtor, receive a judgment and execute said judgment as a forced sale or a lien…
Actually, the only way for them to do that is if they have been awarded a judgment against you, if they don't have one than they shouldn't be freezing anything. If they do have a judgment on you and have file a writ to attach you accounts than it is only for the amount they were awarded in the judgment.
Once a debt is given to a collection agency can you get the creditor to take it out of the creditor's hands?
Once a debt has been sold to a collection agency, that agency owns the debt. Now it would be between you and the collection agency to settle the debt; the creditor has washed his hands of the matter. If you think the debt collection agency isn't working within its legal limits and is harrassing you, check out the Fair Debt Collection Act, which outlines was a collection agency can and cannot do.
I have a medical bill for 168.00 that was sent to a collection agency after I made a payment. They are going to keep in the collection agency until my bill is paid off. This can not be right.?
Can a Credit Card Collection Agency put a lien or judgment on your credit and if so what does that mean?
If the collection agency works in tandem with a law firm (which is the case most of the time) then the answer is yes. What does this mean? If a judgment is granted by a judge, then it is the age old saying, pay me now or pay me later. Anytime your credit is ran (over the next 20 years) then it will show and credit will not be granted until the judgment is satisfied…