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Debt Collection

Debt collection is a legal and necessary practice when products or services have already been provided but the consumer has not paid for them. Some companies use collection agencies to pursue payments on debts owed by persons or businesses.

5,393 Questions

Can a creditor sue against an inheritence?

Yes, a creditor can sue against an inheritance to recover debts owed by the deceased person. In some cases, the creditor may be able to access funds or assets received through inheritance to settle outstanding debts. However, the specific laws and procedures regarding creditors' rights in regards to inheritance can vary by jurisdiction.

Does a credit card company have to serve you and notify you of court to get a judgment?

yes. they must first file suit and serve you a summons giving you 21 days to respond. After that, if you do not respond they will serve a summons with a court date. If you do not show up, a bench warrant will be issued.

When can debt collectors not call you?

Not before 8:00 a.m. and not after 9:00 p.m. as regulated by the time zone in which the debtor resides.

A debt collector may attempt to contact the debtor 7 days a week between the aforementioned times, including official holidays.

How do you get proof that a judgment has been satisfied?

To obtain proof that a judgment has been satisfied, you can request a satisfaction of judgment document from the court that issued the judgment. This document will show that the judgment has been paid in full or otherwise satisfied. You may need to provide this document to credit reporting agencies or other entities to update your records.

What states protect your home from creditors?

Usually any state which has a "homest3ead" proovision in their state laws MAY protect you from private creditors. -See below link- You will have to do your own research to determikne if YOUR state has a homestead law.

However this may not be true in the case of federal or state liens agaoinst you.

What is the statute of limitations on unsecured loans in Georgia?

A loan is considered a written contract. In GA, the SOL is 6 yrs from when the loan became due and payable. If you got a loan from an individual, it would just be breach of contract, which has a SOL of 4 yrs.

I have retained a law firm to sue a collection agency. Do I still have to answser the Judgment?

Yes, you cannot ignore it. However, your lawyer must respond for you. Give your lawyer the information so that a speedy response can be made on your behalf. Learn your rights against collection agencies by reading up on the FDCPA.

What is a restraining notice to judgment debtor?

A restraining notice to a judgment debtor is a legal document typically issued by a court that prohibits the debtor from transferring or disposing of certain assets, pending resolution of the debt owed to the creditor. It essentially freezes the debtor's assets to prevent them from being moved or hidden to avoid payment of the judgment.

If the statute of limitation in Michigan is 6 years-is it 6 years from the last payment you have made on a credit card.?

Yes, 6 years is the SOL on credit card debt in Michigan. It is not only the last payment made on the card. If you made a charge on the card after the payment then it would be after that. Basically the SOL clock starts ticking when the last activity was made on the card by YOU - not the credit card company. Once that period is up, you can no longer legally be sued for the debt. Although some collection agencies will try it. Learn your debt collection rights by reading up on the FDCPA.

Why are third parties also called minor parties?

Third parties are often referred to as minor parties because they have less influence, resources, and representation compared to the two major political parties in a given country. These parties typically struggle to gain significant electoral support and face obstacles in achieving political power.

Does South Carolina make spouses responsible for the others debt in their name only?

Under South Carolina law, debt that is incurred during a marriage is presumed to be marital debt. This would mean that both spouses are legally obligated for their share of the debt, regardless of the listed individual to the debt.

Does a debt collector have the right to contact you at any time of day or night?

No, a debt collector cannot contact you at unreasonable times. They are generally restricted to contacting you between 8 am and 9 pm, local time. If they contact you outside of these hours, they may be violating the Fair Debt Collection Practices Act.

Can a creditor call you at work in Illinois?

In Illinois, creditors are generally allowed to contact you at work unless you have asked them not to or if your employer does not allow such calls. You can request the creditor to stop calling you at work if it is causing you problems.

What is the role of a debt collection attorney?

A debt collection attorney specializes in legal actions taken to collect debts owed by individuals or businesses. They may send demand letters, file lawsuits, or negotiate settlements on behalf of their clients to recover unpaid debts. Their role is to use legal processes to help their clients recover money owed to them.

How does a Deed in Lieu Foreclosure affect Socia security benefits?

A Deed in Lieu Foreclosure can impact Social Security benefits if the forgiven debt is reported as income, potentially increasing the recipient's income and affecting benefit eligibility. It is important to consult with a tax professional to understand the implications on Social Security benefits.

Can you be arrested in Canadian customs for not paying credit card debts?

No, you cannot be arrested in Canadian customs for not paying credit card debts. Debt is a civil matter, not a criminal one. However, customs officials may request payment or additional information if they have concerns about your financial situation.

When a credit card company files a lawsuit how do they determine jurisdiction the credit card was opened in Florida the collection agency is in Massachussetts and you live in South Carolina?

Jurisdiction in a credit card lawsuit typically depends on where the contract was formed (Florida in this case) and where the debtor (you) resides (South Carolina). However, laws can vary, so it's best to consult with a legal professional.

Can you go to jail for removing appliances from a foreclosure?

Removing appliances from a foreclosure without permission can be considered theft, which is a criminal offense. Depending on the value of the items removed, the individual may face criminal charges and potentially go to jail. It is important to verify ownership rights and seek permission before removing any items from a foreclosure property.

What states have the statutory right of redemption after foreclosure?

Several states have statutory rights of redemption after foreclosure, including Alabama, Connecticut, Delaware, Iowa, Minnesota, Mississippi, Missouri, Tennessee, and Wisconsin. These states allow homeowners a period of time after foreclosure to buy back their property by paying the outstanding mortgage debt.

What rights does a surviving spouse in have in Ohio if the deceased had no estate?

In Ohio, a surviving spouse may have rights to a family allowance, exempt property, and a share of the deceased spouse's estate if there were children from a previous relationship. Depending on the circumstances, the surviving spouse may also have rights to social security benefits or life insurance proceeds.

Can a lawyer acting as a debt collector file for a judgment in court during the 30 day validation period and after the defendant has requested the validation of the debt within the allotted time frame?

A lawyer acting as a debt collector can usually file for a judgment in court even during the 30-day validation period. However, if the defendant has requested validation of the debt within the allotted time frame, the debt collector usually cannot seek a judgment until the validation process is complete and the debt has been verified.

Debt collectors sent a summons?

If you have received a summons from debt collectors, it means they are taking legal action against you to collect the debt. It is important to respond promptly by seeking legal advice or negotiating a repayment plan to avoid further legal consequences. Ignoring a summons can result in a default judgment being entered against you.

Can a lawyer turn over an unpaid bill to a collection agency?

Yes, a lawyer may choose to turn over an unpaid bill to a collection agency as a means to recover the debt. However, they must comply with applicable laws and regulations governing debt collection practices.

How can you sue a primary account holder if you are the co-signer and the primary account holder has moved out of state Colorado vs Arkansas California and North Carolina?

Sorry to say, but there would not be any point to file such a lawsuit, since it would not be enforceable, however your not the first to want to file one.

It is one of the most common fights in a divorce situation, ex runs up all the cards and the co-signing spouse does not feel its fair to pay the bill. Sadly and while it is not fair that is the purpose of a co-signer, and the credit agreement you signed clearly indicated that both account members would be equally responsible for the repayment and regardless of the usage or benefit.

Are deficiency judgments allowed in Minnesota after foreclosure?

In certain cases, deficiency judgments are allowed in Minnesota after a foreclosure.

While they may be allowed in a judicial foreclosure proceeding, the amount of the judgment may be limited by the fair market value of the property that was foreclosed on. Homeowners have the right to a jury trial to determine the fair market value of the property.

If nonjudicial foreclosure is used with a power of sale clause in a deed of trust, and the six month redemption period is available to the homeowners after foreclosure, a deficiency judgment is not allowed.

Minnesota statutes relating to foreclosure of real estate are located at the following place in the state laws:

Minn. Stat. sections 580.01 to 580.30

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