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If a judgment is obtained steps can be taken to obtain payment if you do not pay voluntarily. Once they have a judgment, they can go back to the court if they do not receive payment and file for periodic payments, once the judge issues an order for periodic payments, if you do not make those payments you will be violating a court order which is punishable by being arrested. Also, if they have obtained a judgment and you do not pay they can attach any assets you have such as vehicles, property, bank accounts or paychecks.
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Can a collection agency win a judgment if they cannot find you to serve with the court papers?
You have to be served in most states, be careful some private processors lie and say they serve you and then you'll never know, receive a court date, don't show and get a default judgment on you.
When a collection agency buys your charge-off can they take you to court and garnish your wages?
Yes. They can sue you and if they win a judgment your wages can be garnished as long as you are in a state that allows wage garnishment. If you are in TX, PA, NC, or SC, wages cannot be garnished for this type of debt.
Can the collection agency be sued for not providing validation of debt after it has been requested?
Anyone can be sued for anything. Whether you will win is another matter. If a collection agency demands a payment and cannot or will not provide proof that the debt is valid, it should not be paid. You might then have a case for harassment if they continue to demand payment without validating the debt.
Can bank account be garnished if filed by collection agency rather than original debtor?
Yes, it can be garnished by a collection agency (CA). What happens is that the original credit sells the debt to the CA. Then the CA owns the debt. The CA tries to collect from you. If you don't pay, they can sue you. If they sue you and win a judgment, they can garnish your wages. Of course, the CA may be suing you for debts that are not yours or where the statute of limitations has expired! Learn your rights by reading up on the FDCPA.
How can you sue someone you loan money to?
You can sue anyone. What you need to win the lawsuit though is evidence. You have to prove to the court that the other person you loaned money to did not pay it back and you also have proof that they agreed to pay it back.
Can you sue a collection agency for harassment?
I think you are technically allowed to sue anybody for anything. That does not guarantee it you will win the court case, however.
A collection agency reported you to the credit companies even though you are disputing the bill and have a scheduled date for a court hearing--can they do this even though you may soon win in court?
no
Can collection agency garnish from your check a week in Arizona?
A collection agency cannot call your employer to garish your wages. In order for your wages to be garnished, you must be sued by the collection agency. And the agency must win a judgment against you.
How do collection agencies decide which borrowers to sue?
Collection agencies typically decide to sue borrowers as a last resort, when other attempts to collect debt have been unsuccessful. They consider factors such as the amount of debt owed, the borrower's ability to repay, and the likelihood of successfully recovering the debt through legal action. In some cases, they may also consider the age of the debt and the potential costs associated with litigation.
How do you put a lien on a business for non payment debt collection?
You need to sue it in court and win. If you win you can request a judgment lien.You need to sue it in court and win. If you win you can request a judgment lien.You need to sue it in court and win. If you win you can request a judgment lien.You need to sue it in court and win. If you win you can request a judgment lien.
Can a collection agency win a judgment if they cannot find you to serve with the court papers?
You have to be served in most states, be careful some private processors lie and say they serve you and then you'll never know, receive a court date, don't show and get a default judgment on you.
Can a collection agency freeze your bank account in NY?
If you are sued, then yes. First, the collection agency must try to collect from you. Then they can sue you if you don't pay. If they win, the judge can issue a judgment against you. And that is how they can freeze your bank account.
Can a hospital put a lien on your home?
Yes, although it is not actually the hospital that pursues collection, it is a medical collections agency. If the collector decides they cannot collect the money owed by regular collection procedure they can file a lawsuit or enter into arbitration. If the plaintiff (collector) wins, they will receive a judgment and execute the writ of judgment as a property lien. Although there are some states prohibit liens against homesteads that are owned jointly by a married couple.
When a collection agency buys your charge-off can they take you to court and garnish your wages?
Yes. They can sue you and if they win a judgment your wages can be garnished as long as you are in a state that allows wage garnishment. If you are in TX, PA, NC, or SC, wages cannot be garnished for this type of debt.
I am self employed Can a collection agency file a 1099 and garnish your tax return if the debt is over six years old and the debtor has been in Ohio for six years?
A collection agency has no legal powers. Some agencies are collection attorneys who can file lawsuits. Regardless, no one can seize another person's property without due process according to the persons state of residency laws. In other words they have to take you to court, win a judgment, execute the judgment, this takes a considerable amount of time. The exception is child support and/or spousal maintenance, or a court order that was already in place.
How do you place a lien on someone's property who owes you money for storage?
You need to sue them in civil court and win a judgment lien.You need to sue them in civil court and win a judgment lien.You need to sue them in civil court and win a judgment lien.You need to sue them in civil court and win a judgment lien.
If you refuse to pay a doctor referred by a 'if we do not win you do not pay' lawyer who took a car accident case will it hurt your credit?
Is the doctor going to turn the account over to a collection agency? A collection account would hurt your credit. Is the collection agency going to sell the account to another agency, thus extending the time period it shows on your credit report? If they do, it could hurt your credit for an even longer period of time.
