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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
Can the California franchise tax board levy on out of state property or bank account?
Yes, but the FTB would need to go through a judicial process designed to gain the target state's bank. If it were a bank in, say Nevada, and it was a Nevada corporate account, that would take quite a while for the FTB if they could do it at all.
Added: If the bank in question was a branch of a bank operating in CA the court could serve the lien papers on the bank's registered agent in the state of California.
Can a collection agency freeze your bank account in NY?
If you are sued, then yes. First, the collection agency must try to collect from you. Then they can sue you if you don't pay. If they win, the judge can issue a judgment against you. And that is how they can freeze your bank account.
Am i responsible for my spouse's credit card debt after they die in the state of Ohio?
Only in certain instances. If your name on the credit card debt? For instance, is it a joint account? If so, you are liable for it. If not, you are not legally liable for it. Some sneaky collection agencies will try to tell you that you are liable when you are not. This is illegal. Learn your rights against collection agencies by reading up on the FDCPA.
Can a borrower continue to market a home in foreclosure?
The borrower can sell the house up until the auction is completed. If it does not sell for the amount owed, the borrower may be able to get the mortgage holder to accept a short sale. Watch out for scams in this area.
Can banks come after home owners after foreclosure?
Yes, they can but do not always do so. When a home is foreclosed, the bank tries to resell it. They can then come after the home owners for the difference in the amount you owed and the amount they sold it for. Sometimes though they never even go after hte home owner and just write off the debt instead.
Is a spouse responsible for her deceased husband's medical bills in Fl?
My husband just died about 6 months ago and no, i am not responsible for his medical bills....I have spoken with my Lawyer and he informed me in fl i do not have to cover ANY unpaid debt of a spouse
Will credit card debts write off the debt after your death?
They will not do so immediately. They will attempt to collect from the estate. Debts are one of the primary reasons someone should open an estate. The estate has to pay off the debts. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.
Are you listed on the credit card account as a joint owner? If so, you are legally liable for it. If you are not listed on the account, you are not legally liable for it. Some sneaky collection agencies will try to make pay by telling you that you must pay, so beware. You can learn more about your rights in debt collection by reading up on the FDCPA.
Can you still save home after it goes into foreclosure?
There are several possible ways to save your house, at least until it is sold to a third party. Call or go online with your area legal services office or attorney general's officce and ask/look for foreclosure assistance offices. You may be able to find it through your are United Way or Community Action Council. Make sure the entity you use is approved by a state or federal agency.
Does pending bankruptcy have the same effect as bankruptcy?
No. Some things may go into effect, but things are not totally ironed out with creditors.
Sorry but yes they can. In the original contract there was a clause about what actions could be taken if you defaulted on the agreement and one of those actions is that the account could be turned over to a collection agency. So, even though you didn't directly enter into a contract with the collection agency you agreed to abide by the contract and the collection agency now legally owns the contract.
It works the same way as when you purchase a house. At some point the original lender on a house may sell the contract and you will be paying a different lender.
Is the surviving spouse responsible for deceased medical bills in nc?
In North Carolina the estate is responsible. The spouse indirectly will pay, as they cannot inherit until they are resolved.
What can you do when you are summoned for a debt collectors and you are not working?
You definitely will want to consult an attorney.
It's possible that this is a discovery summons, meaning you have to show up and provide them with information about your assets. If you're unemployed, be sure and bring proof of that, like the stubs from your unemployment checks. If you don't have any yet, bring your severance papers. They'll tell you what to bring, like a listing of any property you own worth more than a certain amount, and bank statements showing your accounts.
If that's what's happening, it's important that you understand they're looking for seizable assets, like the money in your bank account. If your bank account is seized, the sheriff's office will notify your bank, and all the money in it will be taken out and held by the sheriff. You may be able to get it back, if you can prove that the funds are not subject to seizure (for example: if the only money in there is from your unemployment payments, it's probably exempt. You'll need to go to the sheriff's office and get a form to fill out explaining what portion of the money you believe to be exempt, and why you believe this. The form will list those kinds of income that are exempt.)
However, actually getting it back can take some time, during which you'll have no money in your bank account, so you may want to start keeping a small cash reserve. (I'm not suggesting you should withdraw all your money so that it can't be seized, but I am suggesting that it would be prudent to pull out enough to be sure you can make your next rent payment, should the creditor decide to wipe out your account on, say, the 29th).
How do you proceed when credit card company sues?
It would be best to get a good lawyer and discuss it with him. You will continue with your normal life but go to court.
Can banks go after spouse if the house is not in her name during a foreclosure?
The lender must first look to the property to be paid. The lender can only go after the person who signed to note. If the spouse is not on the note they can not seek recovery against her. If the lender completes a nonjudicial foreclosure (no court involvement) it can not look to the borrower for additional monies owed on the debt. The one action rule requires the lender to elect to seek recovery by foreclosing or suing the borrower.
The only way the lender can go after the borrower and the property is if the lender files a judicial foreclosure action with the court and seeks a deficiency judgment against the borrower.
If the wife did not sign the deed of trust in California or states that have deeds of trust, the non signing spouse can seek to have the deed of trust voided entirely as both spouses must sign the deed of trust to bind community property.
How do you get a foreclosure listing?
Finding foreclosures is fairly easy in depressed markets, but it's also simple to find foreclosures in strong real estate markets. You can find foreclosures through a real estate agent, see real estate signs they put up on foreclosed properties, Check out major bank websites, Check asset management and government agencies. Also check out some Internet foreclosure companies.
What are interest-bearing debt funds?
Interest-bearing debt funds are forms of capital that include loans, bonds, short-term notes, and interest-bearing payables to trade suppliers.
Is the spouse responsible for medical bills after death of a spouse in Colorado?
s the spouse responsible for medical bills after death of a spouse in Colorado?
How can you find foreclosure date on a home?
If you mean when the house was sold at auction, check the local Registry of Deeds.
If you mean the date the house is to be sold, it usually must be published in a local newspaper to attract bidders. Usually a written notice is given to the debtor. If you're not the debtor and you don't read the legal notices regularly, call the mortgage company.
How does it take before a house will go into foreclosure?
In a judicial foreclosure state the answer as always is it depends. However, in general terms a traditional lender, bank/mortgage company, will wait approximately 90 days after the last regular payment before they put the loan in a litigation posture. After the 90 days they will usually ship the "file" to a foreclosure attorney to start the litigation process also known as the foreclosure. Depending upon the case load of that particular law firm you should expect to see a summons or complaint, which is the start of the lawsuit between 14 and 30 days. These time tables are only general observations but should give you a conservative estimate.
