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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

Who said Law is the correct judgment of the state?

Plato, a classical Greek philosopher, is often attributed with the quote "Law is the correct judgment of the state." This concept reflects his belief in the importance of laws in maintaining a just and orderly society.

How long before a collection agency can file a judgment in Washington state?

In Washington state, a collection agency can potentially file for a judgment as soon as they have exhausted other debt collection methods and the applicable statute of limitations has not expired, which is generally six years for most debts. However, the timeline may vary depending on the specific circumstances of the case. It is advisable to seek legal advice if you are facing a potential judgment from a collection agency.

What happens if you are summoned to court for a collection debt and you are on disability if you don't show up?

If you don't show up to court for a collection debt case, the court could issue a default judgment against you, meaning the creditor automatically wins the case. This could lead to wage garnishment or bank account seizure to satisfy the debt. It is important to attend court or seek legal advice to understand your options.

In a final judgment they require you to fill out a Florida Rules of Civil Procedures form 1.977 Fact Information Sheet and return it within 45 days what will happen to me if I don't?

What can happen if you refuse to complete and submit the form is the plaintiff can ask the court for a contempt charge against you and file another order for you the complete the fact sheet in another 45 days. If you fail to comply the plaintiff can then ask the judge for another contempt against you because the order for the form is a order from the judge himself he will on the plaintiff request issue a order for bodily attachment. What that means he will order a sheriff to go pick you up and bring you to his court for a debtors examination of your assets. The sheriff will usually allow you to bring your financial information with you but be assured you will be taken before the judge either way. If you refuse to either obey the sheriff or refuse to answer questions related to the fact sheet you will more than likely be jailed until your ready to comply.

My advise, contact the plaintiff or his attorney and work out a way to pay the debt. If you really didn't owe the money in the first place you wouldn't have lost the case now would you?

(whoever wrote that last little judgmental tidbit is a real douche bag. I know this doesn't answer the originakl question, but I'm sure it answers the question you had after reading it, "what the hell..??")

What is a restraining notice?

A restraining notice is a legal document served on a debtor's bank account, notifying the bank not to release funds to the debtor, but rather to hold them for potential satisfaction of a debt owed to a creditor who obtained the restraining notice through a court order. It is a way for creditors to protect their interests by freezing the debtor's assets.

This refers to the outcomes of court actions such as judgments to pay a debt?

The term for the outcomes of court actions like judgments to pay a debt is typically called a "court order." It is a legal mandate issued by a judge that requires a party to perform a specific act, such as paying a debt or compensating for damages. Failure to comply with a court order can result in legal consequences.

What is a writ of judgment?

A writ of execution is a court order authorizing the seizure of an asset, such as of a noncustodial parent who owes past due child support. The order may be used to repay past due child support owed under the judgment. It is also refered to as a levy.

A Writ of Execution is a legal document which states who the money is owed to, the 'judgment creditor', and the amount of the debt. When a writ of execution is attempted, notice will be served upon the judgment debtor, indicating details of the goods seized.

What is the statute of limitation on credit card debt in texas?

In Texas, the statute of limitations on credit card debt is typically 4 years. This means that creditors have up to four years to file a lawsuit to collect the debt. After this time period has passed, the debt is considered "time-barred" and creditors can no longer sue for payment.

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!

How does a collection agency go about filing a lawsuit against you?

If the agency is an asset buying agency, the debt is owed to them so they follow your county procedures for a suit...getting a case number, filling out and filing of the summons and complaint, service of the summons and complaint, affidavit of military service...see you in court.

The save follows for non-owned debt except first they will validate the debt and get suit authorization from the original creditor.

What are your rights for not going to appear summons?

You must appear at the date and time stated. It is not really an invitation you can decide to refuse. You may have to provide information under oath. If you have an idea as to what the case is about, you can bring any back up paperwork or evidence you need. If it is regarding a divorce, non-payment etc., you might want to consult with a lawyer.

If you skip the court date for the creditors lawsuit what happens?

If you skip your court date for a creditors lawsuit, a default judgment may be entered against you, allowing the creditor to take legal action to collect the debt. This could lead to wage garnishment, bank account seizure, or other forms of enforcement to recover the debt. It's important to attend court dates or seek legal advice to address the issue appropriately.

Can a husband and wife be sued for medical bills if the husband is on social security but the wife works?

If both are contractually responsible or liable for the debt, then yes; and likely both will be. While neither SSI nor disability can be attached, as soon as the payment hits the bank, the creditor can garnish the account. Both the wife's wages and bank account can be garnished.

What is a good Defense for consumer debt trial?

First, you may raise any affirmative defenses that you may have available to you. Examples include Statute of Limitations, Doctrine of Laches, Lack of Standing, Plaintiff not licensed by Department of Consumer Affairs as a debt collector, Lack of Personal Jurisdiction. There may be other affirmative defenses, these are just a few and not all of them may be relevant to your specific situation.

If you fail to raise an affirmative defense, then you may lose the defense by waiver. So, it is vital to raise all affirmative defenses in your answer to a complaint.

You should also determine whether the debt collector violated any provisions under the Federal Fair Debt Collection Practices Act, or State Debt Collection Practices Act. It is also possible to raise counterclaims under tort law such as defamation, invasion of privacy. A good resource on debtor rights are publications from the National Consumer Law Center.

Can you be arrested for not paying your debt?

Absolutely YES!. If you entered into a credit agreement with a creditor and promised to repay the debt in monthly payments and you don't?. Then a creditor will continue to bill you in addition to the original debt with late fees and APRs on top of that. If you continue to ignore bills then you will receive collection letters (usually settlements to pay off the debt all together for ONE payment; for example if you owe them 2,500 they might slash that in half and ask for 1,250 they settle, close your account, but will no longer be able to open another account with them) if you DON'T agree with their collection settlement letters and continue to ignore the debt; then the debt collector will then close the account, sell it off to a collection agency and let the harassing being!.. The collection agency will harass you and even call your job, friends and family members. If you continue to ignore them they will submit a summons against you; forcing you to come to court. If you miss your court date (failure to appear) then YES absolutely you can get arrested (although it's not actually legal) it all depends on what state you live in. Get a Lawyer ASAP and definitely fight the charges, this is a "loop hole" collection agencies are getting through to get their money!!.. After all, they DID pay money for the account (from the original debtor) to collect it in the first place. This is how they make their money.

How late can debt collectors call?

Collection calls can be made from 8:00 a.m. until 9:00 p.m., local time based on the number being called. If the collection call originates from California and the number called is in New York, the times are based on the Eastern time zone.

What is the statute of limitation for debt if you move from one state to another?

The statute of limitations for debt varies by state and type of debt. Generally, the statute of limitations is based on the state where the debt was originally incurred. If you move to a state with a shorter statute of limitations, it does not shorten the time frame for collecting the debt. Be sure to check the specific laws in both states to understand your rights.

How long does a debetor have to collect before the debt becomes nul and void?

Creditors can try to collect forever. The SOL for filing suit is different for different kinds of debt in different states. Once this SOL is past, you can not successfully sue you for the debt. If you are sued after this SOL is up, you have to tell the judge that the debt is past the SOL. That along with a copy of a credit report showing the DOLA is more than the SOL. Most debt will then fall off your CR's after 7 years. The OC has 7 years from the charge off date to claim the loss on tax returns. Most credit card issuers will claim this the next year after to get the loss off their books. This is called 'writing off the debt'. At this point the debt is erased from the OC's general ledger. Once this happens, the debt no longer exists. A debt collector can still try to collect on it, but, you no longer have an obligation to pay. This is a good defense for Debt buyers.

What is a voluntary judgment?

A voluntary judgment occurs when the debtor agrees to the charges against them from their creditor. A court will act as a mediator to finalize a payment arrangement that the debtor offers to the creditor.

What is the statute of limitation on phone bills in new york?

That statute of limitations on any type of bill in New York is 6 years. This doesn't mean they have to quit calling you to try to collect, or that they can no longer report on your credit report, it only means they can no longer take legal action against you. You are still liable for the debt, but they can't do anything if you don't pay it.

For anyone else interested in the SOL of a debt, visit this link:

http://www.cardreport.com/laws/statute-of-limitations.html

Actually, US Code 47, Chapter 5 states a 2 year SOL.

US Code Title 47,415

Statute of Limitation for all communication devices, including cell phones is 2 years.

Is there a statute of limitations on collecting a debt in Alabama?

There is a statute of limitations on collecting a debt in Alabama, which is generally six years from the date of the last payment or activity on the account. After the statute of limitations expires, the creditor may no longer sue you for the debt, but they can still attempt to collect it. It's important to be aware of your rights and responsibilities regarding old debts in Alabama.

Can a person be sued by debt collector if only receives social security benefits?

Social security benefits are usually protected from garnishment by debt collectors, but they can still take legal action to pursue repayment through other means. It's important to consult with a legal professional to understand your rights and options in such a situation.

Does a lawsuit by debt collector affect credit score?

Yes, if they get a judgment against you, and most do. Once the judgment has been entered and is public record, that judgment will go on your credit reports and it will tank your credit scores.

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

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