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When a debtor and a creditor are in agreement about how much money is owed the debt is said to be?
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Who should the debtor pay when an account is sold by the original creditor to another lender or collector?
Yes, the debt still stands. It's how debt collectors stay in busniess. When the debt or account is sold, the debt isn't erased, merely transferred. In essence, the original lender has sold the whole contract. * The debtor makes any payment agreement with the collector not the original creditor.
What is the definition of deed to secure debt?
This sounds like another way of saying mortgage--the conveyance of property by a debtor to a creditor which, if the debt is not paid, can be kept by the creditor.
How do you avoid your credit card going into judgment when you have no money?
It will be difficult to prevent the creditor from obtaining a judgment when the debtor has no monies. The debtor may have to borrow money from friends or relatives to prevent pending legal litigation. The creditor generally prays for judgment after negotiations for repayment of debt have broken down and cannot be agreed upon.
Can a debt collector garnish wages if they are not the original creditor?
Yes. If they sue the debtor and win a judgment the creditor or collector can execute the judgment in accordance with the laws of the debtor's state. Texas, Pennsylvania, South Carolina and North Carolina are the only US states that do not allow wage garnishment for creditor debt.
What exactly is a debt settlement?
Debt settlement, also know as debt arbitraton or debt negotiation, is an approach to debt reduction in which the debtor and creditor agree on a reduced balance that will be regarded as payment in full.
When judgment entered against debtor is creditor held to any oral settlement agreement to pay off debt made between debtor and creditor?
Not unless it is in writing unfortunatly.
What is an antichresis?
An antichresis is an agreement by which the debtor gives his creditor the use of real property to be able to pay interest and principal of his debt.
Who should the debtor pay when an account is sold by the original creditor to another lender or collector?
Yes, the debt still stands. It's how debt collectors stay in busniess. When the debt or account is sold, the debt isn't erased, merely transferred. In essence, the original lender has sold the whole contract. * The debtor makes any payment agreement with the collector not the original creditor.
If a Chapter 7 has been discharged can anything be added to the original bankruptcy?
Debts which are retained in a Chapter 7 case are normally retained in one of two ways: (1) the debtor simply keeps paying the debt, keeps the collateral (such as a house or a car) and the creditor keeps accepting the money without any additional documents being signed by the debtor or creditor, or (2) the debtor formally "reaffirms" the debt by signing a "reaffirmation agreement," also signed by the creditor, which is filed with the Court. A reaffirmation agreement puts the debtor back on the hook for the debt since it waives the debtor's discharge on the debt. Debts which are reaffirmed during a Chapter 7 case can be "rescinded" (i.e. canceled) by the debtor providing notice to the creditor that they are rescinding the reaffirmation agreement PRIOR TO to the Discharge date or within 60 days after the reaffirmation agreement is filed with the Court, whichever is later. It is best to ensure that the notice to the creditor is in writing, and is preferably sent to the creditor by certified mail, return receipt requested, so the debtor can prove that the creditor received notice of the cancelation prior to the deadline. If one keeps a house or other debt in bankruptcy and then decides they don't want it, if the debt was not reaffirmed then the person can probably give the collateral back to the bank and walk away (see your lawyer). If one formally reaffirmed the debt, then one can normally rescind the agreement if the Discharge has not yet been granted or if it has not been 60 days from when the reaffirmation agreement was filed with the Court (again, see your lawyer). But, if the debt was formally reaffirmed and the deadline to rescind has expired, then the debtor will no longer be protected by the bankruptcy and will therefore probably still be liable on the debt (see your lawyer). Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
Can a creditor call you at work about a family member?
No. It is a direct violation of the fair debt collection law for the creditor to contact the place of business of a non-debtor in regards to debt owed by a relative. A creditor can only discuss the debt with the debtor, although he can contact family members once to obtain information such as the debtor's current address. Please be advised, if the family member is a cosigner in relation to the debt, he or she is a co-debtor and the creditor can contact the co-debtor at his or her place of employment until they are informed by the employee that they cannot.
What are people called have a debt owed to them?
A creditor is someone who has a debt owed to them. The one who owes the debt is the debtor.
How do creditor find debtor employment?
Most ways a creditor find debtor's employment is thru Credit Reports if the creditor is fulfilling a debt owed. Other ways is following you.
What happens if a creditor receives a cease and desist letter from a debtor?
Then the creditor must cease any attempt to collect the debt. It means the creditor is not allowed to call debtor, or send the bill to debtor's address or to make any further attempts. If the creditor still call the debtor, the debtor may complain and initiate a lawsuit. But usually the creditor will take the debt to court when a debtor serve him with cease and desist letter. It could be as soon as 3 months up to a year.
If a debt is not reaffirmed by a creditor is the debt discharged in a bankruptcy?
The creditor is the lender. The bankrupt is the debtor. The lender never has to re-affirm he wants to get paid back.
What is a Reaffirmation agreement in chapter 7 bankruptcy?
A reaffirmation agreement is an agreement between the debtor and the lender that the underlying debt with not be discharged in bankruptcy. The debtor will remain personally liable for repaying the debt even after the bankruptcy.
Which states are closed to California debt collectors?
None. A creditor can continue collection actions (including a lawsuit) against a debtor regardless of where the creditor is located or the debtor resides.
What is the definition of deed to secure debt?
This sounds like another way of saying mortgage--the conveyance of property by a debtor to a creditor which, if the debt is not paid, can be kept by the creditor.
