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A creditor or collector can sue you whenever they feel like it. The question is can they collect? In Arizona the law states that from the time you make your last payment to the credit card company they have three years to collect through the court system. This is known as the Statue of Limitations,(SOL). But be careful these crafty collectors are aware of that so when they get a debtor on the phone a trick they will play is the get a good faith payment, say $50 bucks. This starts the clock all over again!
What else can I help you with?
Is a debt past SOL and removed from your credit report considered legally satisfied?
No, the expiration of the SOL designates the time in which the creditor has to file a lawsuit. This does not mean a creditor will not pursue litigation, as an SOL is not an "automatic" defense in creditor vs. debtor suits. If a debtor is sued after the expiration the debtor must bring forth proof that the debt is invalid, the court will not do this for him or her. Often people receive a summons for what they believe is an invalid lawsuit because the SOL has expired, this is not necessarily true. A creditor may file a suit one day before the SOL expires and it will be seen as valid litigation. In addition, a debt is always valid until it is paid, settled in a lawsuit or discharged in bankruptcy.
Do debt settlement attorneys help with creditor lawsuits?
That will vary depending on the debt settlement attorney. Some will assist you if you are sued. Others state in their contract that if you are sued that they cannot and will not assist you. It's best to ask that question before signing up for debt settlement. russian speaking lawyer in omaha, nebraska
Can you go to jail if you do not respond to the court summons for a lawsuit for credit card debt?
No. A civil summons for a credit lawsuit is not a direct order of the court. If the debtor does not appear at the hearing a default judgment is entered in favor of the creditor. The creditor can then execute the judgment in whatever manner is allowed by the laws of the debtor's state. It's very important to respond to the summons in a timely manner. The majority of debtors who find themselves in a credit card debt lawsuit DO NOT RESPOND. You can represent yourself in the lawsuit (called Pro Se) and oftentimes if you do respond with a proper Notice of Appearance, Answer, and Certificate of Service the creditor will drop the lawsuit because they know they will have to prove their case AND in many instances these third-party debt collectors are trying to collect on out-of-statute debt or do not have sufficient evidence to back up their claims. When a third-party debt collector buys your debt for pennies on the dollar they often receive a one-page printout, no original contract, no signed statements, etc. Bottom line? File an Answer with the court and wait and see. Otherwise, you'll be facing wage garnishment and frozen assets.
Can a collection agency file a judgment on you for credit card debt in Texas?
No. A collection agency has no legal authority. They can refer the account to a collections attorney who can then file a lawsuit for the debt owed. Yes! A collection agency has the right to file a lawsuit as the assigned creditor under the agreement that you signed when applying for the credit card.
Can a creditor take a car that is in two names if the lawsuit is only against one person?
Generally, if the car is jointly owned, a creditor may be able to go after the co-owner's interest in the vehicle. However, laws vary by jurisdiction and the specific circumstances of the case can also impact how the creditor can pursue the debt. It is advisable to consult with a legal professional for guidance on this matter.
If a debt is charged off to you still have to pay it?
Yes. A charge off does not cancel the debt, it is still valid and collectible by whatever means is available to the creditor, including but not limited to a lawsuit.
Can you be sued for a charged off credit debt by the original creditor?
Yes.
If a creditor has written off your debt can a collection agency then come after you for the amount?
If the debt has been cancelled, no; if the debt has been charged off, yes.
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.
Does chapter 7 protect from civil suit?
Depends on the nature of the civil suit. If its a simple debt collection lawsuit- a chpt. 7 can discharge the debt. If its a lawsuit seeking money damages due to fraud, then it might not be dischargeable if the creditor files a proof of claim.
Can a creditor file a civil lawsuit against you?
If the creditor has a valid debt and if you are not able to make payments as they come due, the creditor can and probably will file a civil lawsuit against you. Once a creditor realizes that no amount of persuasion out of court will get him anything on the debt, a civil suit is the only recourse to getting paid.
Should you pay off a debt that is already listed on your credit report as charged off?
A debt being designated as a "charge off" does not mean the debt is not valid and collectible. Collection of the debt will still be pursued either through an agency contracted by the original creditor or a third party purchaser. The creditor/collector has the option of filing a lawsuit against the debtor to recover monies owed as well as using common collection practices such as telephone and written correspondence.
Is a debt past SOL and removed from your credit report considered legally satisfied?
No, the expiration of the SOL designates the time in which the creditor has to file a lawsuit. This does not mean a creditor will not pursue litigation, as an SOL is not an "automatic" defense in creditor vs. debtor suits. If a debtor is sued after the expiration the debtor must bring forth proof that the debt is invalid, the court will not do this for him or her. Often people receive a summons for what they believe is an invalid lawsuit because the SOL has expired, this is not necessarily true. A creditor may file a suit one day before the SOL expires and it will be seen as valid litigation. In addition, a debt is always valid until it is paid, settled in a lawsuit or discharged in bankruptcy.
Can you be sued after a bill was charged off on your credit record?
Yes, a 'charge off' does not invalidate the debt nor the legal rights of the creditor to collect that debt.
What can happen in the state of Georgia if a debtor can not afford to pay a judgment?
The creditor can file a civil lawsuit. If the creditor wins, he/she may be able to attach against property or garnish wages until the debt is paid.
Is it illegal for a creditor to sell your debt?
No, it is not illegal for a creditor to sell your debt.
Can a creditor sue you if you are enrolled in a debt settlement program?
Yes. A debt repayment program other than a chapter 13 bankruptcy, does not confer legally binding terms on creditors to prevent them from seeking litigation. AN exception obviously would be if the creditor has signed an agreement agreeing not to file a lawsuit as long as the debt repayment obligation is met. It is however, very doubtful a creditor would agree to such.
