Debt Collection

According to the Equal Access to Justice Act, the prevailing appellant's attorney fees can be paid from the Judgment Fund if the government's actions were not proven to be substantially justified. The appellant has 30 days from the court's final judgment to file the application.

It means you must send the payment of any money you owe

3 years

The statute of limitations in Florida to collect a debt is as follows:

Contract or written instrument and for mortgage foreclosure: 5 years. F.S. 95.11.

(F.S.) means Florida Statute, you can find the aqctual statute on the Florida Courts website.

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Florida

Fla. Stat. Ann. § 95.011

Written Contract 5 yrs.

Oral contract 4 yrs.

Injury 4 yr.

Property damage 4 yrs.

Yes

If the issue is one of a civil suit, the lawsuit will continue without the defendant responding. In such cases the plaintiff is awarded a default judgment and can execute that judgment in the manner allowed by the debtor's state.

Indirectly, typically the estate has the responsibility to settle the medical bills, not the spouse. The insurance agreement may say otherwise.

Well, it depends.....................

For Pennsylvania the estate has the responsibility to settle the medical bills, not the children. Once that is done, the remainder can be distributed.

The debt may be your responsibility, everything is shared on a joint account. Even if you weren't the one who incurred the debt, if for some reason the other party can't meet their obligations (financial hardship, disappeared overseas, or died, for example) then you'll be liable for it instead.

The banks send your information to the major credit reporting agencies. In order to freeze your bank account the creditor must obtain a court order to collect on a debt from you. With that court order they can get your account information from the bank to process the freeze/collection.

The estate has the responsibility to settle all debts including funeral costs in Ohio. Once that is done, the remainder can be distributed.

You call them 'The person I owe money to'

No. The age of the children is not relevant unless they are adults who entered into a financial agreement with the parents. For example joint holders of a credit card account.

The estate of deceased person(s) is responsible for paying any debts in the manner prescribed by the probate laws of the state where the person lived at the time of their death.

No - they will have notified you in reminder letters that they may do that if you continue to default on payments. When they actually instigate the action, they don't have to tell you they have done so - the collection agency will simply write to you - and tell you they've taken over the case, and all communication with the medical company must now stop, as you're now dealing solely with the collection agency.

Absolutely not, and keep your settled in full letters. Make sure you get one too!!

The exception to what I just said though, is most agencies will (legally) 1099-C you for the unpaid amount. This means you need to pay taxes like you would on earned income, on the remaining amount.

Experience: I own a collection agency.

depends on who you owe and how much. OR unless the bank already owns "your" property

You usually have around 20 days to file and answer with the courts and then you'll go to court. Make sure you do, or it will be a default judgment in favor of the plaintiff. Remember, when you go to court, the judgment isn't based on your ability to pay or the circumstances to cause you to default (the judge doesn't care) - only on your contractual obligation (if you signed for the debt). There's so many sources online that say if you challenge it, you won't get a judgment. That's bs. A judgment is imposed 98% of the time. All the agency or creditor needs is proof you signed for the debt. Try to settle it out of court as a judgment will hurt your finances even more and severely hurt your credit.

Experience: I own a collection agency.

No you can not

The bank should notify the account holder that the account has been levied by a judgment holder. Also, the account holder/judgment debtor should have received a final notice of judgment citing the action the judgment creditor is taking.

Yes, with a judgment, but if you're head of the household, no.

Experience: I own a collection agency.

This is a very broad question. It usually depends on the state and previous case law in that state. 5 times usually isn't harassment, 20 times is. And then were the calls just no answer or was there a live contact or a voicemail left? Because then the # goes down significantly.

Experience: I own a collection agency.

u.s needs to get good insurance to cover its debt.

Only the estate is responsible, not the children or the spouse. However, if you signed any of the paperwork, you may have become the guarantor of the debt. And the estate must pay off any debts before they can distribute any funds.

The estate is responsible for all the debts of the deceased. That means before the estate can be settled, all debts have to be cleared. If there is not enough in the estate to cover them, there are some people who will not get paid.