No, the original creditor has sold the debt and is no longer involved in the collection process.
Both and anyone else you can think about in the middle, because it removes any claims down the road for not providing proper notice.
If the account with the late payments was discharged in the bankruptcy, that account needs to have all information removed except for the "discharged in bankruptcy" (or similar) statement. Once the account is discharged, continuing to show late payments is like hitting the consumer twice. Send the original creditor copies of the pertinent pages from your bankruptcy papers, copies of your id, ss card and a letter requesting that they change the way the account is being reported to the bureaus. Concurrently, write the bureaus and request the same changes. If you are not successful, you may have to file suit to have the information shown accurately.
No. A replica is simply a copy produced for any number of reasons; a fake is a replica that claims, or is claimed to be, the real or original thing.
A definite answer is not possible as there are many variables. The judgment creditor must locate the bank account, file the appropriate forms with the court clerk and have the judgment validated as a bank account levy. This could be done in a few days or weeks depending upon the amount of cases being handled by the court and when the judgment creditor decides to execute the writ. Several states will not allow the levying of a bank account for a small claims judgment if the bank account is jointly held. This is especially true when it pertains to a married couple and the judgment is against only one spouse. Information concerning bank accounts and/or other financial matters should never be given out if the consumer is not the one who initiates the action.
Florida does allow wage garnishment for creditor debt. However, if the debtor qualifies as "head of household" the garnishment is difficult to enforce unless the debtor earns a substantial income. (Florida Statute, Chapter 77, 221.11)
Both and anyone else you can think about in the middle, because it removes any claims down the road for not providing proper notice.
NO. Social Security income is protected from creditor claims.
If you signed a Security Agreement, then your creditor has a secured claim on the collateral specified in the agreement.
If it's a small-claims case, answer that the debt was discharged in bankruptcy and attach a copy of the discharge order. Otherwise, contact an attorney to either provide a similar answer *or* take the creditor to Federal court for violating the discharge.
Following your supposition, if he had a lien then he wasn't an unsecured creditor, and if only unsecured were discharged, he wasn't.
That's creative, but it's more likely that they would sue YOU for failing to turn the vehicle over to them.
Florida Small Claims Form 7.343 is Fact Information Sheet. It has two versions: (a) For Individuals, (b) For Corporate Entities. In a judgment in small claims court, the judgment creditor is the person to whom money is owed. The judgment debtor is the person who owes the money.At the request of the judgment creditor (or the creditor's attorney), the judge will order the debtor to complete Form 7.343 within a specified time.
As a general rule, yes, they can. Unless the claims are limited by contract or legal agreement, debts never go away.
Of course they can! Any creditor can place a claim against the estate. That is how they get paid the money the are owed.
Yes. Collections alone cannot order you to pay; you must pay voluntarily. With a small claims judgment, the creditor can attach the judgment to your assets.
Original intent is a theory in law concerning constitutional and statutory interpretation.
call them