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If a credit card company writes off a debt can you still be sued by a collection agency?
Wiki User
∙ 10y ago
A collection agency cannot sue without the approval of the original creditor. Actually they can't sue at all. And if they tell you they can, they are violating FDCL. They refer the account back to the original debtor, who decides whether or not to sue and then forwards it to attorneys who specialize in this type of litigation.
Here are more opinions and answers from other FAQ Farmers:
- Yes, at least in my case where your identity has been stolen/used by your (ex) husband. And you will need to be able to prove credit card fraud (which takes years from your life "in more ways then one" to accomplish). The important laws/discoveries are being only discussed/implemented as we type. We are the guinea pigs. Be dilligent, you can't waste a minute in proving the flaws, in the laws that create a cause for us to have to fight them.
- Only the original creditor can sue you for a defaulted loan, unless the collection agency has a lawyer who is acting on behalf of the original creditor. The collection agency will harrass you and threaten that you may be sued (but not by them).
- Any company that writes off your credit card debt goes through the legal department and they can not come back on you and sue you and the other posters were correct in saying that a collection agency can't come after you for that debt.
- Once a company writes off your debt they turn it over to attorneys who will start the process of legal action or Garnishment of wages. They will get back what you owe minus the attorny fees. They have sued clients of mine for balances as small as $320.
Collection agencies often buy defaulted debts from creditors for pennies on the dollar. They will then pursue collection action in whatever means are allowed under the FDCPA and/or state laws where the debtor resides.
Third party collectors do have the legal right to file suit against a debtor without the necessity of consent from the original creditor.
A vast misconception concerning credit card debt is that said debt is "unsecured" and therefore not collectible. What the term actually means is, there is no specific property attached to the debt as collateral. That being the case, the third party collector or original creditor can and does sue defaulted debtors to recover money owed. Once a judgment is granted the judgment creditor can execute it against any property owned by the debtor that is not exempted under federal or state law. The preferred method of recovery is wage garnishment or bank account levy.
Wiki User
∙ 10y ago
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What does it mean when a company writes off a loan and sells your account to some other company?
When a company writes off your loan, from an income and accounting standpoint, they are saying that your loan will not be paid. When this occurs, they will send a transaction line to one or more credit bureaus indicating that they had to charge off your account as a result of non-payment. When your account is sold to another company, the current organization either believes that they have gotten the most value out of the account or does not believe that it is cost effective to waste any more money working on the account. Either way, companies sell loans to other companies all the time. When an account is sold off AFTER being charged off, the buyer is usually a distressed debt (collections) organization that specializes in the collection of that type of debt. Usually these buyers pay very little for the loan because the likelihood of collection is quite low.
For how long can an unsecured debt be pursued?
until the company writes the debt off or the person owiing the debt dies
Why do businesses use both cash and credit to make purchases?
There are a variety of reasons why particular businesses choose multiple tender types to pay debts. At the most basic level, some vendors only accept cash or check, limiting the options for a business. Also, some businesses are old school and won't buy what they are unable to pay for, leaving them with the cash and check option. Alternatively, some businesses recognize a need and will use credit to fulfill that need if the alternative is to lose business to competitors or to go out of business entirely. Credit is a very important tool for businesses and allows businesses to increase their free cash flow by deferring payments. The two most used types of credit are supplier/vendor credit (where a company is invoiced and needs to pay the bill from 15 to 90 days later) and overdrafts (where a company writes checks that draw on a credit line after the cash in checking runs out). The next most used types of credit include credit cards (where the business may earn rewards, miles or other points), working capital loans (similar to overdraft, but meant to cover the gap between getting paid and paying one's suppliers/vendors) and general loans.
How long before repo or finance company gives up and just writes it off?
If you don't pay for the car it has a lien on it, and can never be sold. You may not be able to get new tags for it if it is flagged.
How do you evaluate a title insurance company?
A title insurance COMPANY is the actual underwriting company or insurer. A title insurance AGENCY is the local guy providing services by his Underwriter. Just like your local car insurance AGENT who writes for an insurance COMPANY. The title underwriting industry is ranked by Demotech. Demotech is a national independent actuarial service firm that rates the financial stability of all P&C insurance providers within the United States. Demotech?s Financial Stability Analysis Model, which determines the financial stability of insurers, has been accepted by the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac), since 1989.
What is a word for the company or agency that writes an insurance policy?
insurer
Can a collection agency sue you for money in any state How can they do that if the original company wrote it off Is this legal?
When you default on some debt, the original creditor writes it off. When they write it off, they usually sell it to collection agency. Since the collection agency bought it, it becomes theirs. If they try to collect and you don't pay, they can sue you. Learn your rights by reading up on the FDCPA.
What is a transcribing agency?
A company that writes professional and official letters and such for business and court use.
If a credit card company writes off your account can you still be sued for a judgment and garnishment?
No! Once a debt it written off that is usually the way it stays, but you didn't get away scott-free. You will be "red tagged" for further credit from many credit card companies. Trying to get a loan for a car or house will be difficult because banking institutions will always do a credit check on you. It is best to try and pay your debts off if you can. Letters to that company that you are trying and you send it what you can afford (even if it takes a few years) are kept on file and you can save your credit this way. In reality, the credit card company could still come after you, but the court costs aren't worth it, so what they end up doing is writing your debt off and passing the higher interest rates off onto other customers. Marcy If a credit card company writes off your account, do you mean wriiten off as bad debt? They might have written it off, but sold it to a collection agency, and that could be trouble.They write it off for tax purposes, but it is still a debt owed. Depending on your state statute of limitations, the collection agency could sue you for a judgment. After that, they would generally execute the garnishment of your wages, or seize and execute non-exempt property.
Who writes the catchy slogans for television advertisements?
The people who writes catchy slogans for television advertisements are the ad writers of advertising agencies. An advertiser company will approach an ad agency to create an ad for them or sometimes, advertiser company will give ad agency some ideas on what message the ad must relay to the public viewers.
Who writes the Geico ''cavemen'' ads?
Geico is one of the top insurance companies around. They are pretty well known for their ads with the cavemen in them. The Martin Agency is the company that writes them. Two men who work for the company are the ones who do the writing. Their names are Jeff and Craig Cox.
What is captive agency system?
A captive Agency can only writes business for one carrier.
What does it mean when a company writes off a loan and sells your account to some other company?
When a company writes off your loan, from an income and accounting standpoint, they are saying that your loan will not be paid. When this occurs, they will send a transaction line to one or more credit bureaus indicating that they had to charge off your account as a result of non-payment. When your account is sold to another company, the current organization either believes that they have gotten the most value out of the account or does not believe that it is cost effective to waste any more money working on the account. Either way, companies sell loans to other companies all the time. When an account is sold off AFTER being charged off, the buyer is usually a distressed debt (collections) organization that specializes in the collection of that type of debt. Usually these buyers pay very little for the loan because the likelihood of collection is quite low.
If banks writes off loan can they collect in Maryland?
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.
What company does Rick Riordan work for?
Rick Riordan is an author who writes books for young readers. He is known for his popular series, such as Percy Jackson & the Olympians, Heroes of Olympus, and Magnus Chase. He doesn't work for a specific company but is represented by a literary agency for his book deals.
Who writes the American Girl Doll books?
They are all written by different authors. For example, the Rebecca collection is written by Jacqueline Dembar Greene and the Kit collection is by Valerie Tripp.
How does Ponyboy keep from failing English?
he does an extra credit report and writes about the whole book
