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What else can I help you with?
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 is the statute of collection of small claims judgment in California?
In California, a small claims judgment is typically valid for 10 years and can be renewed for an additional 10 years if necessary. This means the creditor has up to 10 years to try to collect on the judgment before it expires.
Is it legal for Practice to add a fee to patienct balance before they send it to a collection agency in the state of Florida?
Yes, it is generally legal for a medical practice in Florida to add a fee to a patient balance before sending it to a collection agency, as long as this practice is clearly outlined in the patient's agreement or consent forms. However, it is important for the practice to comply with state and federal laws regarding debt collection practices and patient billing.
In California what is statute of limitations for a collection agency to sue you?
A written agreement with a company is 4 years, and a oral agreement is 2 years from the date of last payment or activity.Remember, that even though a credit card company states that they will take you to court if you do not make a payment, or put a judgment on your credit - this is not true!!The only way a creditor/collection agency will take you to court is if you owe child support or taxes. Other then that you will not go to court for this type of debt. Do not let them threaten you in any way. Make sure you settle on this debt when you have at least 50% of the balance owed saved in your savings.Get an agreed settlement in writing that day before make your final payment. Then request a letter stating that the account is now paid in full instead of settled for less. Good luck!
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 a credit card company or collection agency put a lien on your home before first taking you to court or can they get a judgment against you with out you knowing about it first?
No. Court is a must
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 does a collection agency have to do to take money from your private bank account?
Assuming the debtor does not voluntarily release the information for collection to the collector due civil process is required before such action can occur. The general steps are: The collector/creditor will file a civil suit against the debtor, win the suit (which is almost certain to happen); be awarded a judgment then execute the judgment as a levy against the judgment debtor's bank account.
Can collection agency put a lien on your bank account in sc?
It is possible for the collection agency to put a lien on your bank account. Before they can do this, they must go through the proper procedures first.
Is it legitimate if a collection agency sent you a letter stating that their client would settle for a certain amount if paid by a certain date and they want you to fax the letter to them?
Before making any commitments to a collection agency, you should get confirmatio from the original creditor that the collection agency has legal authority to collect at settle the debt.
Is the court likely to let a collection agency get a judgment against you if there is less than a year left on a auto repossession before it has to come off your credit report?
It is a situation a matter of what you are behind on. You can lose a car and have judge,ent against you for owing a few dollars.
What is the normal time before a creditor can use a collection agengy to collect a debt?
Generally a Creditor will wait 180 days from the date of the last payment before passing the account to a Collection Agency
What action can be taken if a debt collection agency sued you and default judgment was passed for an unpaid debt if you are temporarily out of the country for a 1 year assignment?
A motion or application for an order vacating or setting aside the judgment may be made if service of the complaint had not been made properly. Before a judgment can be entered against a debtor, the complaint must be served on the debtor personally or sometimes if the court allows, by certified mail. If the debtor was not served with the complaint because he was out of the country and if he did not know about the lawsuit, the judgment entered would be void. But because the judgment is on the public record as a judgment, the debtor has to ask the court to set it aside. If the court agrees that the judgment should be set aside, it will enter an order vacating the judgment , but it will also reinstate the case as if it were just filed. By filing the motion to vacate the judgment, the debtor has automatically acknowledged service of the complaint, so there is no longer a need for the plaintiff to serve it and the case will start again. In addition to this, a debtor in that situation should also review very carefully the documents the collection agency filed in order to prove to the court that the debtor was properly served. If that "proof" was falsified, the agency could be in violation of state and federal debt collection laws, perjury laws and contempt of court rules.
How do you sell a judgment?
You can contact a 3rd party company. They will then either purchase the judgment from you, paying you a percentage of the amount owed on the judgment and they then become the owner of the judgment. OR you can contact a collection agency and they will attempt to collect on the judgment and will take a percentage of what they collect, IF they collect anything. Most collection agencies seem to take months upon months before they collect anything and sometimes even tell you "Sorry, we couldn't collect for you." A good way to get an idea of the process is to go to Google, type "judgment buyer" in the search field. You will get alot of companies. Read through the websites carefully and find out their procedures. I just used floridajudgmentbuyer.com and had no problem at all. But, that's just my experience. Good Luck!
Is it legal for a collection agency to try and collect on a Sunday?
no ,they also cant call before 9 am or after 9 pm
How do you pay a collection account?
Have the collection agency send a written agreement accepting the settlement or payment amount agreed upon BEFORE rendering any payment(s).
Is a judgment removed by filing a chapter 7?
The judgment is not "removed" but the judgment creditor is barred by the discharge from collecting on the judgment. Filing a c. 7 will stay the collection, but if the case is dismissed before a discharge is granted, the judgment is enforceable. If the judgment involves intentional harm or drunk driving or certain other limited situations, the discharge does not prevent collection on the judgment.
