Debt Collection

New York

N.Y. Civil Prac. Laws & Rules § 201

Written Contract - 6/yrs.

Oral Contract - 6y/yrs.

Injury - 3/yrs.

Property Damage - 3/yrs.

Yes. Whether the plaintiff will prevail depends upon the existing circumstances of the relationship when the loan took place.

Yes, the credit reporting agency can update the Date of Last Activity, Date last Reported, etc...

But they cannot change the FCRA compliance date, which is the date the account is supposed to come off your credit report.

If the home has been sold to a third party, you cannot keep it. If the home has not been sold, you may be able to keep it, but you will have to pay the mortgage arrears, including legal fees and costs unless a court orders otherwise. You may still have problems paying the mortgage, so think about whether you can afford to keep it.

The Emergency Medical Treatment and Active Labor Act (EMTALA), or Patient Anti-Dumping Act, requires hospitals that except federal funds from the Centers for Medicare and Medicaid to treat all seeking care from a hospital's emergency department in all states and territories of the United States. Hospitals can be fined $50,000 per violation. Hospitals with less than 100 beds can be fined $25,000 per violation.

Have you tried annualcreditreport.com? They provide free reports upon identity verification.

A creditor can file a lawsuit against a debtor who has defaulted on a contract. But, all Social Security benefits are exempt under federal law from creditor garnishment.

This does not mean that if the creditor sues and receives a judgment against the debtor they will not have other means of executing the judgment to recover the debt owed.

It's uncertain to whom the question is being addressed but the answer given to the question is somewhat correct.

The only time a valid debt becomes invalid is when the lender/creditor "forgives" the debt. It is likely that the 7 years referred to concerns the time a defaulted debt remains upon the debtor's credit report. A credit report is in no way related to whether or not a debt is still collectible.

All U.S. states have SOL's relating to debts. SOL's determine the time limit which a creditor/lender has to file a civil suit against the debtor(s) for monies owed. However, the expiration of the SOL does not mean the debt is no longer valid and a creditor/collector can continue to pursue the matter by whatever means the laws of the debtor's state allows.

Yes

No, the estate is responsible for all debts, including those of the burial. However, if the children sign the contracts for the funeral arrangements, they may be responsible.

No. Your drivers license may only be temporarily confiscated while the case (related to driving) is under investigation or permanently be revoked or cancelled upon court order. If the court decision involves only penalty or cost of damages, then failure to settle the payment (owe money) may result to the court garnishing (to confiscate) any of your property with value (can be sold or auctioned) to cover the cost of the court-ordered penalty or cost of damages. It will a separate case not related to driving hence does not involved your drivers license card which, by the way, is of no monetary value.

Yes, generally the agency/business will give the person time to make good on the amount of the check. However, if the person who rendered the check knew there were insufficient funds or the account was invalid he or she might face criminal charges.

Of course. Your "credit" score will be lowered if you become a debtor who doesn't pay your debts. Your credit score is based on your behavior as a person who owes money. If you don't make your payments on time you are a poor credit risk.

Of course. Your "credit" score will be lowered if you become a debtor who doesn't pay your debts. Your credit score is based on your behavior as a person who owes money. If you don't make your payments on time you are a poor credit risk.

Of course. Your "credit" score will be lowered if you become a debtor who doesn't pay your debts. Your credit score is based on your behavior as a person who owes money. If you don't make your payments on time you are a poor credit risk.

Of course. Your "credit" score will be lowered if you become a debtor who doesn't pay your debts. Your credit score is based on your behavior as a person who owes money. If you don't make your payments on time you are a poor credit risk.

Unfortunately the law does not recognize the inability to pay one's debts due to any sort of hardship. If the lawsuit is valid it will go forward regardless of the person's financial status.

If the creditor wins the suit (which is most likely) they will be granted a judgment and will then be able to execute it in the manner allowed by the laws of the debtor's state.

A judgement is issued by a court. If the court found in your favour and the collection agency is still after you, you will need to get a copy of the Judgment and provide it to the debt collector.

You should also complain to the BBB and the appropriate local government agency about the potentially illegal attempt at collection.

If you mean the credit card company or other lender wrote it down and did not provide a letter of discharge then they will sell the debt and you will be chased for it. Best to pay it if you can.

They can sue you, eevn if you do appear they will probably get a judgement which gives them the power to lien/levy. The only way to get rid of them is a payoff or bk.

legally: ONE

Banks like to try to get you to pay up and continue on but can foreclose as soon as the first payment is late.

So you're taking buslaw too huh

Yes, in most cases such such action is possible by a judgment creditor.

There is in reality no legal defense for the inability to pay one's debts unless the so named debt is invalid.

Unfortunately the law does not recognize job loss, illness or other such factors as valid reasons for not paying one's debts. That being the case, the debtor facing legal action has very little recourse if the creditor receives a civil suit judgment (and they will). However, all states allow specific amounts of real and personal property to be exempted from creditor judgment action.

Perhaps the best option would be for the person facing a civil suit to consult with an attorney or legal services to discuss the situation. Most attorneys offer free or minimal fee consultations and some will discuss such matters by phone or even email once identification has been established.

No; property ownership interest and financial liability for any loans on the property are separate. A mortgage loan is the responsibility of the signers on the promissory note, and negative credit information may only be reported on those signers in the case of delinquency or foreclosure. The only way heirs could end up having their credit affected is if they refinance or transfer the debt into their names and sign a new loan note.

Heirs can inherit the property, and therefore be affected by actions taken against the property (an inherited home can still be taken by foreclosure), but they are not legally liable for debts; the estate of the decedent is, and therefore no negative credit reporting will occur for the heirs.

The non payment of any debt can result in a civil suit by the creditor. However, all U.S. states have SOL's which determine when a creditor can no longer pursue the debt through legal procedures.

Please be advised, when the SOL applies it is the debtor's responsibility to bring forth that reason as a defense. Likewise, a creditor/collector can still pursue collection even after the expiration of an SOL by the usual methods, phone calls, letters and so forth. Even so, the debtor has the recourse to send the creditor/collector a letter of "cease and desist" which prevents future debt collection contact. If such a letter is rendered the creditor/collector must cease all contact with the debtor unless/until a civil suit is filed.

no

yes