When a debt in collection is transferred to a new collector or lawyer does that become the new date from which it takes 7 years to remove?
The statute of limitations for credit accounts (varies by state) starts on date of last transaction with original creditor (not the collector). If you make a charge on Feb 2, 2000 and make no other transactions, statute of limitations begins 2/2/2000 (this begins the clock when original creditor can file lawsuit against you) and so original creditor or collector would be time barred from filing lawsuit to collect after Feb 2, 2007 (if s/l is 7 years).
A number of companies have purchased records of old debt from original creditors and attempt to collect AFTER statute of limitations has expired to file lawsuit. Any debt transaction older than 7 years cannot be listed on your credit report under the Fair Credit Reporting Act.
*Last caveat-if you make a payment on an old debt (i.e. the 2/2/2000 debt above), the clock is reset and the creditor then has an additional 7 years (depending on the state law) to file a lawsuit AND the debt can be listed on your credit report for an additional 7 years.
If you are unhappy with your lawyer can you submit a request to court that you change your lawyer and does the money you paid to your first lawyer get transferred to the new one?
Find a lawyer in a different city that has the same first name as you. For instance, if your name is Wally, then find a lawyer somewhere named Wally or Walter. Then when the collection agency calls and asks for you, say that you are Wally's roommate and Wally moved out of your apartment because he found work in another city. When Mr. Collector asks if you know Wally's new phone number, you say you…
If it was an unsecured debt, and you did not intend to omit it for some reason that would constitute fraud, it was discharged. If a debt collector is trying to collect it, see a bankruptcy lawyer or a lawyer who handles debt collection defense. You can file for contempt in the bankruptcy court. You may also have rights under state consumer protection laws.
The judgment is awarded to the plaintiff/creditor not the attorney serving as their legal representative. Attorneys are retained by the original creditor or the third-party collector who has purchased the account. For a creditor or collector to sue a debtor for monies owed they must retain an attorney who is licensed to practice law in the state where the debtor resides. Very few attorneys are contracted most collection law firms work on a contingency basis.
When the bankruptcy is filed the BK court will contact all the creditors listed. If the debtor is receiving collection calls he or she should inform the collector that legal counsel has been obtained. When a creditor has been informed that the debtor is represented by an attorney the creditor cannot contact the debtor directly.
How do you deal with a collector or lawyer who continues to harass your disabled husband for a debt he cannot repay?
Collection agencies and attorney acting as collectors are subject to the Fair Debt Collection Practices Act. You can print yourself a copy by following links at www.ftc.gov You may also have additional state laws and requirements which offer protection. "Harassment" is a subjective term. Your husbands' disability is not at issue. It is always a good idea to know and enforce your rights. But there is nothing inherently wrong with a collector attempting to collect…
You can call or write the collection agency or lawyer. You may be referred back to the debtor, unless the collector has bought the debt. To settle the matter, make the best offer over 50% you can pay in a lump sum, or try to get the creditor tio make an offer of a settlement amount. If you can't pay a lump sum, you will find the creditor or collector unwilling to cut a deal…