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Can you sue a collection agency who continues to report a debt as a debt in collection even though it was discharged in chapter 7 four years ago?
First, make sure you have documented proof that shows the account was discharged. If you haven't filed a dispute. You should then report them under the Fair Debt Collection Act for unfair reporting. If, after that, they still report and account and you can prove otherwise, you should look into an attorney who can file suit for you. Rest assured they'll have five lawyers for every one you find.
What is the Difference between an attorney and debt collector?
A debt collector is a person who collects debts owed to other people. An attorney is a person qualified to represent parties in a court, and who is specially trained in the law. A debt collector can be an attorney, but need not be one.
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.
You work for a collection agency you know the laws a collector called your grandparents house a released personal information about your debt to your grandparents without your permission While calling?
You have two options: You can find out if your state allows you to record a conversation with the other person giving you verbal permission. If you can tell your grandparents to record this information, make sure you catch them telling your grandparents your personal informaiton. Then you either contact a "Consumer Law Attorney", or you file a small claims court order towards the collection agency. They have violated your rights! Take them to court! You can also go to creditinfocenter.com and purchase a book that is called, "Turning the Tables on Your Creditors". Read the Credit Reporting Laws, Fair Credit Reporting Act, and the Fair Debt Collection Practices Act. Good Luck with this process. One more thing if you purchase this book, The FCRA, and CRA laws will be included. Wanda Improve Credit, LLC
How do collection agencies decide which borrowers to sue?
There are costs associated with bringing a civil lawsuit and collection agencies want to be sure of the following: * There is a good chance that the collection agency will win * The amount of money is significant - not small claims * All attempts to collect (legally via FDCPA) have been met with a lack of payment If the collection agency has one or more attorneys on staff, they will be more likely to pursue borrowers in court as the expense to do so is lower with in-house counsel vs. retained counsel.
Can a debt be passed from one debt collection agency to another?
Yes - absolutely a debt can be passed from one debt collection agency to another.
Where can one find information on business debt collection?
One can find information on business debt collection in online articles and guides on business debt collection. In addition, one can find more information on business debt collection through one's peers.
Do you have to deal with a collection agency to resolve a debt?
NO. Once you enter into an agreement with a collection agency no one else can collect against that debt. If you have other debts outstanding not covered in the agreement then another agency may be authorized to try and collect those debts. Collections agencies do not sue people. They can ask the courts to award a judgment or wage garnishment in order to help collect bad debt.
Can you provide me with a debt collection verification letter?
A debt collection verification letter is a document that requests proof of a debt from a collection agency. It should include your name, address, and the debt amount you are questioning. You can find templates online or request one from the collection agency.
Where can one find a list of debt collectors in the UK?
There are sites online that advertise their debt collection business. Some of these Debt Collectors are UK Debt Collection, Debt Recovery UK, Debt Collect and Debt Recovery Plus.
Where can one find help for dealing with debt collection?
When dealing with debt collection it is in ones best interest to speak to a financial advisor or financial planner. This will ensure one has the knowledge to get back on track and out of debt.
What are the best agencies to contact for debt collection jobs?
One of the best agencies to contact for debt collection jobs are StudentAid and Kiplinger. Both agencies offer a great amount of help regarding debt collection jobs.
Can a collection agency say they are a lawyer?
A 3rd party debt collector can't say that unless they are one. Otherwise they are providing false and misleading information and can be sued for substantial amounts of money. But there are many 3rd party debt collector "Attorney Offices" and if that is the case Yes they can.
How can I start a debt attorney agency in Augusta?
In order to start a debt collection agency, you will need funds to purchase the "bad debt" portfolios from creditors. You will need to train staff in Fair Debt Collection Practices Act and the Fair Credit Reporting Act. You will need to hire tracers and tracer software and purchase access to the three credit bureaus. You will need dialer technology and all the software and equipment required to run it as efficiently as possible. Start by creating a detailed business plan in order to know the costs of start up. Some collection agencies are founded/managed by an attorney or more than one attorney as a way of sounding more important/threatening/legal/powerful/sinister, etc. Attorneys do not make collection calls, collectors do. All this activity is governed by federal and state law.
Can you sue a collection agency who continues to report a debt as a debt in collection even though it was discharged in chapter 7 four years ago?
First, make sure you have documented proof that shows the account was discharged. If you haven't filed a dispute. You should then report them under the Fair Debt Collection Act for unfair reporting. If, after that, they still report and account and you can prove otherwise, you should look into an attorney who can file suit for you. Rest assured they'll have five lawyers for every one you find.
Where can one find debt attorneys in the United States?
The best way to get a debt attorney in the US is by recommendation. Finding a debt counseling service in the first place will help one to be aware of the possibilities for resolving the situation, and they should be able to give recommendations for a debt attorney local to you if that is the best route to take.
Can a debt be listed on your credit report by the collection agency as two separate entries with one as a charge off and the other as a collection fee?
Yes, the charge off is entered by the original creditor, and the collection fee is a separate debt.
