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What does an attorney dealing with creditors' and debtors' rights do?
Wiki User
∙ 13y ago
Attorneys deal with consumer credit regulation, including attachments, garnishments, assignments for the benefit of creditors, judgments, and bankruptcy.
Wiki User
∙ 13y ago
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What are the creditors' rights on estates without wills?
They have the same rights as they have with an estate that has a will. The creditors file their claims with the executor.
If mom and daughter are joint tenants of a home and mother dies is daughter liable for mother's credit card debt Can creditors attach liens on home even though daughter has right of survivorship?
I'm not an attorney, and you certainly need the help of an attorney. But joint tenants have equal and undivided rights in the property they own. It doesn't seem unreasonable that creditors will want something from the mother's property.
All About Debtor’s Rights?
Many people who find themselves in trouble with too much debt and no money available to pay it don’t know that they have many rights afforded to them under the law. When creditors start calling, it can quickly become stressful and a debtor may not even realize that they are being contacted illegally or are being harassed or threatened with illegal debt collection practices. It’s important for those who are in debt and have been taken to collections to understand their rights as a debtor. There is a federal statute, known as the Fair Debt Collection Practices Act, that gives rights to debtors who are being contacted by creditors. Creditors who violate any portion of this act can be sued by the debtor. There are many practices that a debt collector may not engage in when attempting to collect a debt, but some of them still do on a regular basis. Some illegal practices include: -Contacting a third party about a debt. Debt collectors can contact third parties in order to find a debtor, however, they can not speak to that party regarding the debt. It’s important to note that spouses are not considered a third party and a debt collector can speak freely with the spouse of a debtor. Employers are considered a third party. -Debtors can not threaten lawsuits or wage garnishments unless they actually intend to follow through on the threat. Debtors must be sued in their home state, so a threat to be sued in another state is always false and illegal. -When a debt collector contacts a debtor by phone, he must identify himself as a debt collector and advise you that he is calling to collect a debt. Similarly, all written communication from debt collectors must clearly state that the purpose of the communication is to collect a debt. -If a debtor retains the services of an attorney, and notifies the debt collector in writing, they may no longer contact the debtor directly and must direct all communication to the attorney. This is an extremely useful law to debtors who are in the process of filing for bankruptcy. The above is not a full list of all laws that pertain to a debtor’s rights. Those who are in debt should read the Fair Debt Collection Act to make sure that their rights are not being violated. Debtors who believe their rights have been violated should contact a qualified attorney to ensure that their rights are being protected.
What is the purpose of insolvency law?
Insolvency law regulates the process through which individuals or businesses unable to meet their financial obligations can seek relief. It aims to provide a fair and orderly system for resolving financial distress, protecting the rights of creditors, and maximizing the returns to all stakeholders involved in the insolvency process.
What are the ramifications of not being in a community property state...is there something I should do to protect myself?
You should take your concerns to an attorney who can explain your rights and options.You should take your concerns to an attorney who can explain your rights and options.You should take your concerns to an attorney who can explain your rights and options.You should take your concerns to an attorney who can explain your rights and options.
Can you sell your home when the mortgage was not reaffirmed?
You need to consult with an attorney who can review your situation and explain your rights and options.You need to consult with an attorney who can review your situation and explain your rights and options.You need to consult with an attorney who can review your situation and explain your rights and options.You need to consult with an attorney who can review your situation and explain your rights and options.
Is it responsibility of the attorney to file a motion to avoid lien during the bankruptcy process?
Since most bankruptcy attorneys charge a flat fee, it is important to find out what specific services the fee covers. Your attorney would be the person to file the motion, on your behalf, during your bankruptcy if he or she is requested by you to do so. However, typically motions are not covered under standard flat fee retainers. Therefore, you would be charged an additional fee for this service. It is important for debtors who file a bankruptcy case under Chapter 13 to understand their rights and responsibilities. It is also important that the debtors know what their attorney's responsibilities are, and understand the importance of communicating with their attorney to make the case successful.
Was Barack Obama an attorney?
Yes, Obama was a civil rights attorney.
Can a mortgage balance be eliminated due to deceptive practices by the mortgage company?
You need to consult with an attorney who can review the situation and explain your rights and options.You need to consult with an attorney who can review the situation and explain your rights and options.You need to consult with an attorney who can review the situation and explain your rights and options.You need to consult with an attorney who can review the situation and explain your rights and options.
Can you evict your husband from your house if he is not on the deed?
You should consult with an attorney in your area who can review your situation and explain your rights and options.You should consult with an attorney in your area who can review your situation and explain your rights and options.You should consult with an attorney in your area who can review your situation and explain your rights and options.You should consult with an attorney in your area who can review your situation and explain your rights and options.
Do preferred stockholders have preferential rights over common stockholders and creditors?
YES
What do you do if creditors are hounding you but you don't have the money and you have already had a chapter seven?
Send a registered letter to the creditors stating name of Attorney and firm, Mailing address, phone number, case #. Without this info, the creditors have no way of knowing what is truth. It is a common line. They need this info for your records and account. Your attorney should have done this and made this clear to you for your peace of mind. You can call with this info as well. Just telling them Chapt. 7 or you have an attorney isn't enough. If after mailing, immediate with call, and you get calls from a collection agency, they are now at fault. The dc/supervisor knows better; they have all the necessary info now. The dc will fill out an AR form; attorney referral. This is what the info is for. It gets turned in to the floor supervisor, which in turn is delivered by hand to the CA's {collection agency} Attorney. Your Attorney should have already informed the CA. Your phone # should and will be immedialty blocked/removed from the dialer. You may receive a letter stating they now have this info and what your rights are. In terms of the actual creditor, Im not sure. To many laws and states. Talk to your Attorney.
