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Should you hire an attorney for a credit card collection lawsuit?
Wiki User
∙ 12y ago
No
Wiki User
∙ 12y ago
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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.
Does attorney fees debt affect credit?
They don't unless you let the debt go and either the attorney or debt colletion agency reports it as part of their collection efforts. If that happens it can seriously damage your credit.
How do you go about charging off your unsecured credit?
A "charge off" is not done by the person owing the money. It is a term used by the creditor that means the account is being written off as a loss. An action taken for tax purposes. The debt is usually sold to a collection agency, which will proceed with the collection process, phone calls and letters. After a period of time, the account may be referred to a collections attorney, who will decide if a lawsuit should be filed.
What do you do next after being served with lawsuit papers from credit card company?
If you are served with lawsuit papers from a credit card company, contact an attorney immediately. If you wait, your time to answer the petition will expire and depending on the state you live in, that credit card company can obtain a default judgment to garnish your wages or your checking/savings accounts.
Can a credit card company still bill you after 10 years of cancelling your account?
Credit Cards are typically considered Open Accounts. The credit card agreement you signed may specify the state laws that will apply to the account and collection activities associated with it. Read the contract and consult an attorney. Yes. There are no laws which place a time limit on how long a creditor or collector can pursue collection of monies owed, SOL's only apply to the time in which a creditor may file a lawsuit.
Asking If you pay the collection agency can you have the derogatory item removed from your credit file?
pay the collection agency, then check what their report is about you, if not good threaten to get a attorney and bring suit
How do you place a collection amount against someone's credit that owes money from an eviction?
It has been my experience that judgments from an eviction lawsuit automatically go on a person's credit rating. If you get a money judgment, you should be able to get a judgment lien form from the court clerk and record it at the county recorder's office. Sometimes this is called an abstract of judgment. This should be picked up by the credit bureau's and go on the credit rating.
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.
When a credit card company files a lawsuit how do they determine jurisdiction the credit card was opened in Florida the collection agency is in Massachussetts and you live in South Carolina?
Jurisdiction in a credit card lawsuit typically depends on where the contract was formed (Florida in this case) and where the debtor (you) resides (South Carolina). However, laws can vary, so it's best to consult with a legal professional.
If the credit card company has charged off the full debt can the attorney who claims to directly represent the Credit Card Co sue the debtor?
Yes. A charge off is NOT the dismissal of the debt. It is a term used by creditors to remove the account from their books so it can be listed as a loss on their taxes. The account is then taken over by a collection agency or collection attorney who can recover the debt owed by whatever means neccessary. Which includes filing a lawsuit, being awarded a judgment, enforcing the judgment against wages, bank accounts and any non-exempt property.
Should you keep making payments on your payment plan if the collection agency keeps reporting you as delinquent?
Yes. The person can always challenge a negative entry on their credit report whereas ceasing payment would result in a default of the contract and leave the borrower/debtor open for collection action and/or a creditor lawsuit.
If you have unpaid hoa fees and receive a collection letter form an attorney does that go on your credit report?
If the attorney's office reports to any of the credit reporting agencies, because the have a lic. to do so for collections then yes! but if they do not they most likely will just take you to court for a judgenment . that for sure will go on your credit report
