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Once a debt is given to a collection agency can you get the creditor to take it out of the creditor's hands?
Once a debt has been sold to a collection agency, that agency owns the debt. Now it would be between you and the collection agency to settle the debt; the creditor has washed his hands of the matter. If you think the debt collection agency isn't working within its legal limits and is harrassing you, check out the Fair Debt Collection Act, which outlines was a collection agency can and cannot do.
What else can I help you with?
If you do not have any assets or a job how do you pay off your credit card debt?
Under the given circumstances the consumer would probably be termed "judgment proof." Meaning a lawsuit would be futile for the creditor. Some creditors will file suit anyway. To obtain a judgment, for possible collection of the debt in the future. Some judgments are valid for ten years and can be renewed. The consumer can send a "judgment proof" letter to creditors letting them know legal action would be pointless. This is sometimes effective, especially if the debtor can supply proof of their status.
What do you do if you cannot afford to payoff a debt that is trying to be settled by a collection agency?
Typically when a collection agency is offering a settlement, it is because the debt is considered toxic and therefore worthless to the original creditor. Many collection agencies use scare tactics to try and coerce you into pay the debt. The first thing you should do is take a look at the age of the debt. Depending on your locality, the debt may be nearing the Statute of Limitation (Varies between 3 and 15 years in the US by state. Average though is 6 years). The Statute is based off the last payment or charge by you on the account (Financial Charges, Interest and such by the creditor do not count). Also, look at your credit report and score. Contrary to what many collection agencies will tell you, debts that they have been given an offer to settle on will not have a positive outcome for you should you settle. Once the account goes to an agency, it has already been charged off and deemed worthless to the creditor. The creditor is simply hopeful for some money at that time. Yes, they have to report that you made a payment, but that doesn't reverse the damage in any way. It will not improve your credit score nor move the account into the positive reports on your credit report files with the Credit Bureaus. Another thing you can do if you don't want the third party collection agency to continue contacting you is write a letter to them informing them that you wish them to cease all communication, to which by law they must honor such a request. It must be done in writing however. An oral request over the phone does not count.
What is definition of unpresented cheque?
A cheque which has been given to a creditor but which has not yet been received and processed by the writer's bank.
What procedures would you use when dealing with foreign creditors?
In order to answer the question, knowing whether or not the borrower is a corporate entity or an individual is important given the management of international creditors. Please provide the additional information so we can adequately answer the question.
What is agency banking?
Similar to Banking for any person, it's just based solely on the agency of any institution of any given country
What does 'Transferred Account charged off' mean?
It means the original creditor has given up the account and sold it to a collection agency. It does not mean the debtor is relieved of the debt. Someone wants the money and they will get it, somehow.
How many times can a collection agency inquire on your credit report?
Unless you have given a collection agency written permission to pull a full credit report they are in violation of credit laws.
How does a creditor do a motion of stay to be added to an individual bankruptcy?
All creditors are given notice of whenever a BK is filed. They have the option of filing to block the Bk proceedure for any debt owed them if they believe the debtor is able to pay. Usually this is done by a secured creditor.
Does a debt collection agency have to go to court to collect?
Yes, a creditor/collection agency must obtain a writ of judgment from the civil court in the state where the debtor resides before any action can be taken against the debtor's property. The debtor will receive a final notice of judgment and be given a specified time to claim all exempted property from judgment action.
What are your rights against bill collector callers who do not identify themselves hang up and threaten to sue?
Collection agencies are governed by federal and state laws. Debtors are given protection under the Federal FDCPA. A collection agency cannot "threaten" you with anything. They can inform you that your account may be referred to a collection attorney and legal action may be initated. Please familarize yourself with the laws pertaining to collection agencies. Be advised, that some of the laws do not apply to the original creditor.
What does the legal use of the term assigned mean in regards to debt assignment?
The term assigned in this instance means the original creditor has assigned or given the right to collect the debt from you to another entity, such as a collection agency. If there is a proper assignment, you no longer owe the money to the original creditor and it may likely refuse to accept payment. Now your debt is owed to the company the debt was given to. Sometimes, unpaid debts are sold to collection companies for maybe 50% or some other higher or lower percentage of the unpaid amount. Now the collection agency owns your debt. This is why you might be able to make a deal with the collection agency to pay less than the amount owed. If a collection agency pays 50% of the debt, then contacts you, it will want the full amount. If you can't pay it they will sue. However, suing and collecting the full amount through garnishment is a slow, time-consuming process. Often the agency prefers to get something more than it paid in order to make a profit. If the agency paid $500 to buy a $1,000. debt, it might be very happy to get a payment from you in a short time for $700. That way it made a quick $200 with not much work. Remember when dealing with collection agencies that claim the debt has been assigned to them for collection, you have a right to see that assignment in writing before sending them anything.
Can your account be given to a collections agency if you have arrangements to pay the original bill and payments are being made on a timely basis?
Legally, yes. But it is unlikely that a creditor would take such action.
Creditors Rights?
A creditor has a right to demand that a debt be paid. If someone borrows money and then chooses not to pay that money back, a creditor can attempt to collect that debt using every legal measure possible. Just as people in debt have rights, people that are owed that debt have rights. In the beginning, a court is usually left out of the equation. Collection agencies are often used by creditors in an attempt to collect a debt. Sometimes a creditor will choose to deal with the borrower directly. It’s up to the individual creditor as to what they need to do in order to collect the debt. Secured Transactions are used before the loan is given out in order to encourage the repayment of loans. For example, before being given money by the creditor, the creditor may require a payment up front or be asked to give permission to take away property if the debt isn’t repaid. This encourages the debtor to repay the amount they borrowed. Courts are sometimes needed in order to make seizures of property possible. A creditor has a right to ask a court to help them collect a debt, though most of the time every other option must be exhausted before this measure is used. It’s preferable for debtors and creditors to keep the problem out of court so that court costs aren’t incurred and both parties are able to retain dignity. Although rare, lawsuits are possible. When every other means has been used, it’s possible that a creditor will sue the debtor in another attempt to collect the debt. At this time the court is going to put a tremendous amount of pressure on the debtor to make them repay the debt. They might even be asked to pay more money for their debt than they originally owed. Many times a settlement can be reached before courts come into action. A collection agency can help settle debt without having to send the matter to courts and most of the time this is the option that creditors opt for. The important thing to remember in all of this is that borrowers aren’t innocent victims. They borrowed money from the credit and as a result have a legal right to do what they can to recover the money they’ve borrowed. The law does restrict how they must behave during the collection process, but they have the right to attempt to collect a debt.
Can a creditor ask for purchased product as collateral in chapter 7 bankruptcy?
Yes. I foreclosed on a home and bought another one cash before being discharged from bankruptcy. I was told by the attorney that creditors can ask the courts and the court will confiscate your purchased product and sell for whatever amount and that amount will be given to the creditor(s).
If you do not have any assets or a job how do you pay off your credit card debt?
Under the given circumstances the consumer would probably be termed "judgment proof." Meaning a lawsuit would be futile for the creditor. Some creditors will file suit anyway. To obtain a judgment, for possible collection of the debt in the future. Some judgments are valid for ten years and can be renewed. The consumer can send a "judgment proof" letter to creditors letting them know legal action would be pointless. This is sometimes effective, especially if the debtor can supply proof of their status.
What do you do if you cannot afford to payoff a debt that is trying to be settled by a collection agency?
Typically when a collection agency is offering a settlement, it is because the debt is considered toxic and therefore worthless to the original creditor. Many collection agencies use scare tactics to try and coerce you into pay the debt. The first thing you should do is take a look at the age of the debt. Depending on your locality, the debt may be nearing the Statute of Limitation (Varies between 3 and 15 years in the US by state. Average though is 6 years). The Statute is based off the last payment or charge by you on the account (Financial Charges, Interest and such by the creditor do not count). Also, look at your credit report and score. Contrary to what many collection agencies will tell you, debts that they have been given an offer to settle on will not have a positive outcome for you should you settle. Once the account goes to an agency, it has already been charged off and deemed worthless to the creditor. The creditor is simply hopeful for some money at that time. Yes, they have to report that you made a payment, but that doesn't reverse the damage in any way. It will not improve your credit score nor move the account into the positive reports on your credit report files with the Credit Bureaus. Another thing you can do if you don't want the third party collection agency to continue contacting you is write a letter to them informing them that you wish them to cease all communication, to which by law they must honor such a request. It must be done in writing however. An oral request over the phone does not count.
If a doctor bill was being paid to a collection agency but they filed a judgment anyway can you get rid of the judgment on your credit report?
A judgment will stay on your credit report for at least seven years. Only time will remove this. Just adding to the answer given. There is one way to have a judgement removed from your credit report. Although this is not a guarantee, you do have a right to contact the creditor to work out a deal to have the judgement removed. When you do this offering to pay the debt in full or make installments can be helpful. Only agree to do this when the creditor has made an agreement to erase the judgment off of your record. This must be in writing. If this does not work the use of a qualified attorney can help to make this happen. Creditors have the power to have judgements removed. Some will be happy to work with you and some will refuse even when offering to pay the balance.
