Debt Collection

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.

Ready to play bill collector for your information??? OK- check out the website and see who you should write to to get things http://www.creditinfocenter.com/eBooks/PoorMansClassActionLawsuit.shtml Make noise- call them everyday asking for the same thing "your information" Report them to FTC--here is the complaint form --add the further proof and send it in. https://rn.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG_CODE=PU01 Good Luck!

If the defendant declared bankruptcy, you may need to file a claim with the bankruptcy court to try and recover the debt owed to you. However, your ability to collect on the judgment may be limited depending on the type of bankruptcy and the specific circumstances of the case. It's advisable to seek legal counsel to understand your options and rights in this situation.

It doesn't. The homestead exemption protects property from being seized in a bankruptcy procedure or by creditor judgment. The lender does not relinquish the right to foreclose on property regardless of the status of the bankruptcy filing. Bankruptcy only temporarily halts the foreclosure of secured property.

In California, after a foreclosure sale, the new property owner can typically initiate eviction proceedings to remove the previous homeowner from the property. This process can take several weeks to a few months, depending on the specific circumstances and the court's schedule. It's essential to consult with a legal professional to understand the eviction timeline and your rights as a tenant or former homeowner.

The SOL for filing a lawsuit to recover monies owed has no correlation with the time limit for a negative entry on the consumer's credit report. Judgments may or may not be subject to expungement from credit reports after the 7 years from date of entry has passed. Most judgments are renewable and can remain on a credit report for an indefinite period of time.

Yes, if it is from the court it is an official order and it must be obeyed unless it is rescinded on motion by the debtor or his or her legal counsel. Creditors can request the court to order the debtor to submit documentation of income and assets, including bank account statements, tax returns, ownership of real property and so forth.

The homestead exemption has not correlation to the repayment of debt. The homestead exemption is for the purpose of protecting a primary residence from creditor attachement by means of a lawsuit judgment. Debts of the deceased should be entered into probate procedure along with all non exempt assets and property, all of such will be handled according to the state probate laws.

Debt collectors in Canada can sue individuals in the US for debts owed. However, they must follow the appropriate legal procedures in the US and comply with the laws governing cross-border debt collection. It is advisable to seek legal guidance if you are facing a lawsuit from a Canadian debt collector in the US.

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.

No. There are many adverse consequences of unpaid medical bills, including lawsuits and wage garnishment, only noncustodial parents paying child support can be jailed for unpaid medical bills in America.

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.

No. Once the court has dismissed any bankruptcy with prejudice the time limit for refiling is set by bankruptcy laws or by the bankruptcy judge. The order can only be rescinded or amended by the issuing judge or the appellate court when verifiable evidence is submitted proving the dismissal was in error.

CC debts are generally considered open accounts. The Texas SOL for an open account is 4 years from the DLA. The SOL applies to litigation action only and does not mean the debt is no longer owed or collection procedures cannot be used. However, any repayment of said debt would have to be done voluntarily by the debtor, unless there are mitigating circumstances. Please be advised, unethical agencies buy and attempt to collect on SOL expired accounts by the use of intimidation, deceit, and out-and-out threats, such as the debtor will be jailed, lose all their property, their employer,neighbors, family, etc. will be contacted, and so forth. All such tactics are illegal and should be reported to the justice division of the state attorney general in the state where the debtor resides. This also applies to those collectors who claim to be or actually are collection law firms/attorneys.

If she gave them her credit card number she did it voluntarily. If the were harrassing her she had an obligation to tell them to stop calling. Once she did that she needed to document the calls and get a lawyer. If you didn't live there and she wasn't a co-signer on the note she could have sued and probably got enough to pay off your debt. It's too late now though.

The notification could be construed as the right to evict depending upon state laws. The best option is to contact the law firm that sent the correspondence or obtain legal advice regarding the occupant's rights. Sorry, not knowing the state of residency a more definitive answer is not possible.

You can try conducting a public records search or hiring a private investigator to locate where the individual is currently working. Another option is to request information from the court that issued the civil judgment, as they may have updated contact details for the individual.

A garnishment for creditor debt cannot be transferred from one state to another. However the creditor can file suit in the resident state and perhaps obtain a writ of garnishment. Court ordered wage garnishment for child support and/or spousal maintenance; federal or state taxes due; court ordered restitution for damage done during a criminal act or a court order in regards to restitution for physical injury can be enforced across state jurisdictions.

Yes, a collection agency that has purchased your debt can sue you for the outstanding balance, even if it has been three years since they acquired the debt. However, the statute of limitations for debt collection in Arizona is 6 years, so they have up to 6 years to take legal action against you. It is important to seek legal advice and understand your rights in this situation.

Wow! I am afraid that would take a considerable length of time to impart all that info. In general original creditors do not have to follow the FDCPA when pursuing collections (but they usually do).All other collection agencies do have to adhere to the FDCPA. Only attorneys can initiate lawsuits. Federal BK statutes apply in Arizona, but there are state exemptions which can also be used (simplified explanation). The SOL is 3 years on credit card debt. You may want to consult www.azleg.state.az.us for more info. Or email me if I can be of any further help.

The notice must be published at least 30 days in advance before an executive agency can begin collecting personally identifiable information for a new system of records. This gives the public an opportunity to provide feedback or voice concerns about the proposed system.

The responsibility for your grandmother's credit card debt typically falls on her estate after she passes away. If there are insufficient funds in the estate to cover the debt, the creditors may not be able to collect. It's advised to consult with a legal professional to understand the specific implications in this situation.