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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

What is the statute of limitations in Texas on a credit card debt that is 14 years old?

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.

Can a collection law firm call multiple times to your mother's house when they know you don't live there and harass her until she gave up her own credit card to pay your debt and what can you do?

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.

How long do you have left on the property after foreclosure after receiving a letter from an attorney stating the property has been purchased and you had 3 days to vacate does letter serve as eviction?

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.

How can you find out where someones is currently working if you have a civil judgment against that person?

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.

If you have a judgment against you and don't pay can you go to prison?

AnswerNo. People are not sent to jail for not paying their debts. A writ of judgment is granted when the plaintiff wins the lawsuit. The judgment can be enforced in several ways, pursuant tot he laws of the debtor's state of residency. The preferred form is wage garnishment or bank account levy. It can also be in the form of a lien against property or liquidation of nonexempt assets belonging to the debtor(s). In very rare cases a creditor will attempt to bring criminal fraud charges against a debtor. This can only be done if it can be proven beyond doubt, that the person had "sufficiently evil intent" to defraud the creditor. An example would be, maxing out credit cards then moving to another state and living under an assumed name.

Always keep in mind: The only "Debtor's Prison" is the one of your extremely poor credit rating and your inability to move forward when it comes to just about anything that has to do with credit these days...which is everything. Owning a house, a new vehicle, utilities, insurance...your credit rating affects the rate you will pay for everything. Pay your bills on time. That is the best advice.

Can a wage garnishment order from a court in Washington State be enforced in Pennsylvania?

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.

Can a collection agency who says they are with a law office sue you if they purchased your debt three years ago from the original creditor in Arizona?

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.

What are Arizona's laws concerning original creditors collection agencies third party collectors lawsuits bankruptcy and SOL?

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.

How many days must the system of records notice be published before an executive agency begins to collect personally identifiable information for a new system of records?

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.

Who is responsible for grandmother's credit card debt?

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.

Can a retirement pension be garnished in AZ?

In Arizona, retirement pensions such as Social Security benefits are generally protected from garnishment by creditors. However, there are certain exceptions such as owed child support, federal tax debts, and court-ordered restitution. It is advisable to consult with a legal expert for specific advice related to your situation.

Is postal retirement checks exempt from garnishment?

Postal retirement checks are generally protected from garnishment to a certain extent under federal law. However, there are exceptions, such as for debts owed to the federal government or for delinquent child support. It's best to consult with a legal professional for advice specific to your situation.

Are children responsible for parents nursing home debt in NY?

In New Jersey the debts of the deceased are the responsibility of the estate. However, if one of the children was also a co-signer on any of the agreements they might also be responsible. Consult a probate attorney in your jurisdiction for help.

Are adult children responsible for a parent's nursing home debt in Pennsylvania?

In most cases the debts of the deceased are the responsibility of the estate. Anyone that was also a co-signer on any of the agreements might also be responsible. Consult a probate attorney that knows the Pennsylvania probate laws for help.

An appointment to pay off political debt is called?

It usually refers to relatives, but giving political jobs/appointments

in return for political favors is nepotism.

What does sen stand for?

In economics, "SEN" stands for Social Exchange Network, which refers to interactions among individuals through social connections and relationships.

Can the bank foreclose on eighty year old person?

Yes. Age is no barrier to a creditor suing on an unpaid debt. On a foreclosure matter, looking at it from the bank's point of view, it might have a legal obligation to foreclose in order to ensure that the bank's assets are not wasted.

Can a retirement check be garnished?

Yes, retirement checks can be garnished by certain creditors, such as the IRS for unpaid taxes or by court order for delinquent child support or alimony payments. However, federal law offers some protection for certain types of retirement accounts, such as Social Security benefits, from being garnished by most creditors.

Will a credit card company consider an elderly borrower's advanced age when deciding whether to sue over credit card debt?

No. The only issue the creditor is interested in is if the debtor has assets which can be seized for the debt owed. Creditor's really do not care if a person is elderly, ill, disabled, and so forth, they simply want their money. All debtor's are allowed to protect specific types and amounts of property according to the exisiting laws of their state of residency from creditor attachment and/or seizure.

Is it criminal case or civil case if you are not paying you credit card?

Not paying your credit card is typically considered a civil matter. The credit card company may take you to civil court to recover the debt through a lawsuit or collections agency, rather than pursuing criminal charges.

Once a debt is given to a collection agency can you get the creditor to take it out of the creditor's hands?

Once a debt has been sold to a collection agency, that agency owns the debt. Now it would be between you and the collection agency to settle the debt; the creditor has washed his hands of the matter. If you think the debt collection agency isn't working within its legal limits and is harrassing you, check out the Fair Debt Collection Act, which outlines was a collection agency can and cannot do.

What does COD stand for for teens?

COD can stand for Call of Duty which is a video game and it can also stand for things such as Cash On Delivery and Collect On Delivery.

What are the features of reports compiled by general mercantile agencies?

Reports by general mercantile agencies typically include information on a company's financial health, creditworthiness, payment history, legal judgments, and industry reputation. They may also provide details on ownership structure, management team, and any major business events or news. These reports are used by businesses to assess the risks associated with entering into a commercial relationship with another company.

Does an estate have to place an ad in the newspaper to notify creditors of the death in South Carolina if the person was a legal resident of Florida when there are no asset other than a 401K?

In South Carolina, if there are no assets in the deceased person's estate other than a 401K and the person was a legal resident of Florida at the time of death, it may not be necessary to place an ad in the newspaper to notify creditors. However, it is advisable to consult with an attorney familiar with the laws of both South Carolina and Florida to ensure all necessary steps are taken to handle the estate appropriately.

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