Is it legal to reissue a warrant after you sell it to a collection agency?
no... once the 7 years has been achieved on a collection account. The account is no longer valid and must be removed if disputed by a consumer.
Are your rights the same if your credit card debt went to a legal firm and not a collection agency or is a legal firm considered a collection agency?
If the original creditor charged interest then the collection agency will continue to accrue interest at either your states legal rate or whatever you agreed to in the original contract until the debt is either paid or sold to another collection agency or placed with an attorneys firm for legal litigation.
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.
If you are making sporadic payments to a collection agency and they cash them can they still sue the cosigner?
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.
Is it legitimate if a collection agency sent you a letter stating that their client would settle for a certain amount if paid by a certain date and they want you to fax the letter to them?
No, it is illegal for a collection agency to garnish or freeze your account for any reason. The only way your account can be garnishes is if you owe taxes or child support. If a collection agency threatens to do this, tell them that you are aware of the Credit Reporting Laws on this matter (there is legal ground for this matter).
Does an agency of the government have the legal right to search a person's home and take possessions without a search warrant?
Absolutely they can ! The only reason a person needs to deal with a collection agency, is because they defaulted on payments to the original company. That company passed the account to a debt-recovery agency, who paid the sum YOU owe to the original company. If you simply refuse to pay the collection agency, they have the legal right to take you to court to recover the debt !
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?
If you receive no bill and 14 years later you get a statement from a collections agency is that legal?
Is it legal for a collection agency to try to collect on a debt that was released in bankruptcy and then sold to the collection agency by the original creditor bank?
Legal or not, this happens every day. Inform the collection agency and the original lender that this was included in the bankruptcy. The collection agency may want to see proof but usually the original lender will call and request that - that particular account be sent back. Make sure you get something in writing from the original lender--and that the collection agency REMOVES their account off your credit report--check your report 3 to 6 months…
If you offer to pay a lessor amount on a hospital bill then was previously agreed upon can they still send the account to a collection agency?
No, a collection agency has no legal power to demand disclosure of a person's financial status. If a lawsuit is initiated, the creditor's attorney can request a interrorgatories/discovery petitions, of which there are several types of legal categories. This is generally done if it is suspected that the debtor/defendant is trying to shield nonexempt assets from creditor/plaintitff attachment.
A collection agency can call anyone. The Fair Debt Collection Practices Act indicates that they cannot identify themselves as a collection agency to anyone other than the debtor. Other activities that restrict them include: Sending a postcard or an envelope with a designation that indicates it is from a collection agency, contacting the debtor outside of legal accepted hours of business, publish a list of debtors, or advertise a debt. See the following website for…
Can you use a debt consolidation company if the credit card companies have already sold your accounts to collection agencies?
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…
My credit report shows a delinquent account from 2005 a collection agency is listing it now reported as of 6 2009 is that legal?
If a land lord file a claim against a tenet to a collection agency and the claim is not justified and the tenet sue in small claim court to have a judgment so this can be removed from his cred?
A collection agency can only touch a bank account if you either give them permission or they have a court order. In order to get a court order they have to go through the full legal process including trial. The Student Loan on the other hand, like the IRS, does not have to go through the legal process.
You have a valid debt that was purchased by another collection agency however the original date that the debt was opened was 2003 The new collection agency has it listed as 2005 is this legal?
Can a debt collector take legal action when you are making regular payments and they have ceased accepting installments?
If you have a written agreement from the collection agency specifying the terms of your repayment plan and you have fulfilled (and are fulfilling) those terms as specified in the agreement, they probably cannot. If the collection agency is empowered by the original creditor to file suit and you do NOT have a written agreement from the collection agency as specified in paragraph one (1) above, they probably can. The laws of your state will…
Is it legal for a creditor to send an account to a collection agency after one and a half years without ever notifying the customer that they think a bill is owed?
Is it legal for a collection agency to purchase an account that has been discharged in Chapter 7 and report it as a charged off account?
As a general rule, "No". You need to be certain that the debt was actually discharged in the bankruptcy. If so, you should contact the attorney that handled the BK and have them forward the necessary information to the collection agency. Or you can send the documents yourself (COPIES of the discharge, etc.) and send them by registered mail to the agency.
Can a collection company freeze bank accounts that contain disability pension and social security checks in Pennsylvania?
A collection agency cannot seize a bank account period. ALL SS benefits are exempt from creditors. A collection agency cannot threaten to take your property nor do they have the power to do so. They can inform you that the account is being referred to a collection attorney who can pursue legal action. Be that as it may, your bank accounts are safe. You can inform the agency and the bank in no uncertain terms…
Can a collection agency have you arrestedyou are international student who owe money to hospital will the law work differently for youwill they deport you if the Ca sues you?
If the person has made an agreement to render payment and then defaults, the agency will probably initiate legal proceedings. The majority of CA's are not attorney's and therefore cannot themselves enter into litigation. They usually refer the account to a collection attorney who will then file a lawsuit against the debtor. The lawsuit must be filed in the debtor's state of residency and the state statutes will apply to all legal procedures. There are…
What is the legal limit of collection fees that can be added to your balance by a collection agency?
A collection that is removed from your credit report be gone off the report but the collection agency said you still owe on account?
Well, check your states statute of limitations. If the SOL is up then tell the company to stop contacting you are you will sue them for harassment based on the fact that they have no claim under your state's SOL. The collection agency will try to say you still "owe" and I guess you do if it is your debt but you no longer have any legal obligation to pay.
Is it wise for you to give the collection agency post-dated checks 3 to 6 months in advance if that is what they keep calling and demanding?
Absolutely not! Never ever do this. A collection agency can demand anything, however they have no legal powers. If the CA is working for the orignal creditor all they can do is continue mail and phone contact. The debtor even has the option of sending a "cease and desist" letter to stop them from any contact at all. Before legal action can be taken, the OC has to refer the account to a collection attorney…