Not if you both agree to a payment deal. Make sure it's in writing. Also, don't be taken aback by the supposed power of a collection attorney. In all liklihood, he's nothing but another bill collector who bought your debt from the original lending company and is trying to get whatever he can from you. Rarely are judgments sought and granted. Don't let him intimidate you and know your rights. * A collection agency or agent cannot represent themselves as an attorney. It not only violates the FDCPA it is also a criminal offense. The debtor should NEVER agree to any terms without, as noted, their being in written form. Insist that the collection representative send written confirmation of the debt on the legal stationary of the firm or private counsel. In addition be aware that one of the largest collection attorney firms, Mann-Bracken has been licensed to arbitrate rather than using regular legal process. The rules and enforcement of arbitration awards as with any litigation should be discussed with qualified legal counsel before the debtor agrees to any terms whatsoever. In my experience lawsuits are not uncommon either by original creditors or 3rd party account holders. Capital One has contracted with an independent firm (Mann-Bracken) and has been very successful in litigation, so they are a card issuer that one should use caution when dealing with.
If you paid according to an agreement and can prove it, the attorney couldbe liable for damages to you for unfair debt collection ro fraud.
A letter from the collection company or creditor who reported it or a lien release form if the judgment was placed in lien against property.
A legal letter to pay back money owed is called a collection letter. It is better to have a collection letter come from a corporation that collects debts or an attorney. However, you can also write one yourself.
This is a legal question for which you must consult an attorney.
Go in and see your old attorney.
You can hire a collections agency, or you can collect the debt yourself. You could also hire an attorney to write a collection letter for you.
Where is your attorney? You need to get an attorney to look into the matter. However, you can also write a letter and fax it to the attorney labeling as SUMMON TO RESPOND. In the letter, notify the attorney that you have paid in full and they should stop levies on your property. Ask for more information as to why they are doing so. You really need to consult an attorney or else you may lose everything.
The statement, "execution of judgment is stayed until final payment is received at which time judgment will be deemed satisfied" means that the judgment will be held against you until the debt is completely paid off. You can then get a letter of clearance to have the judgment removed from your credit report. Most debts will remain on a credit report for 7-10 years, even after they have been paid and satisfied.
You should have an attorney make a Power of Attorney resignation letter. If there is no attorney, you will write up a letter expressing your desires and have it notarized.
Do you mean POWER OF ATTORNEY?
Contact an attorney.
You can pay off the judgment , prove with a letter or some valid evidence that the judgment was made in error..
Notices and such probably crossed in the mail/processing. All creditors are forbidden from continuing direct collection actions once the BK is filed (without getting specific legal approval). Advise the attorney of the BK filing shortly before his letter date, and he should back off and file a claim with the court.
He received an admonitory letter from his employers' attorney, warning him that he faced legal action if he continued to harass other workers.
In the United States, Attorney-at-law means a lawyer. The distinction is made because people can have "power of attorney" or "letter of attorney", which is referred to as Attorney-in-fact.
To start with you would receive a copy of the Garnishment Summons from the court at your last known address. You would need to advise your attorney so they can "Quash" (no not squash) the garnishment. If at that time your employer has taken any funds from your pay and either sent them directly to the judgment creditor or to the court, the attorney would then request/demand the funds be returned to you- the judgment debtor. If the court receives a copy of the bankruptcy at any time prior to the return court date, they return the original payment to the employer who will then refund back to the employee.
Yes. Finding a judgment from a past due collection account on the public record portion of your credit report is quite common. You would need to research your state's law and the state the CA was operating in to determine the requirements for notification. Many states only require the CA to attempt notification, such as sending a letter to your last known address.
In the expression ''I will answer after I have received the the letter" the speaker is saying that they have not received the letter yet, but when they do, or rather, after they receive it, they will answer (something). The whole matter is in the future.But if someone says "After I received the letter..." they have already received the letter and then did something. It all happened in the past.
A collection letter, or dunning notice, is a letter sent to a past due customer from a creditor about a balance owing that is past terms and has not been paid.
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
how to write response letter to customer
No. Once the party involved has informed the collector that they do not want them calling their place of employment the calls must end. Some collectors however simply will not listen and continue to break FDCPA laws. If this is the case the collection agency should be reported to the office of the state's Attorney General. This can be done by phone, but it is best to follow up in a letter. Keep a log of any calls received after the request has been made.
No. Not if the debtor/consumer has properly protected theirself. Before any action could be taken a lawsuit would have to filed against the debtor. If the suit was won by the creditor (which is usually the case). Then judgment collection proceedings would be filed. A judgment collection could be wage garnishment, bank account levy, and liquidation of some assets. A debtor's home can be protected by state or federal exemption. Some states, the exemption amount is automatic, in others the home owner must file a homestead exemption. It is VERY important to know the laws for your resident state, concerning this issue.
A judgement is issued by a court. If the court found in your favour and the collection agency is still after you, you will need to get a copy of the Judgment and provide it to the debt collector. You should also complain to the BBB and the appropriate local government agency about the potentially illegal attempt at collection. If you mean the credit card company or other lender wrote it down and did not provide a letter of discharge then they will sell the debt and you will be chased for it. Best to pay it if you can.