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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 a lendor get a lien on a home owned by both spouses if the debt is to one spouse?

Yes, and regardless of your State, marital status, or any homestead exceptions. However, most credtiors can only put a judgment against the title of real property which are junior to a lien position. Exception would be any loans collateralize by the property and any trade service preformed on the property. However, at the end of the both liens and judgments get paid at closing on the sale or transfer of the property.

Why would the government freeze someones assets?

To stop the individual from disposing of his or her assets by transferring the title to property to someone else or removing funds from bank accounts and things of that nature.

Such action when it relates to governmental agency is generally done due to federal or state tax arrearages or possible the state's child support enforcement division for support arrearages.

Is a stipulation of judgment defendable?

Most civil courts do not recognize stipulation of judgments or waver of defenses involving consumer debts. Both would still require the plaintiff to file suit and you would be able to challenge the stipulation. The best defense being that you had been pressured or forced into signing the document, however the best answer would be to retain a licensed attorney.

Can wages be garnished for not paying credit card?

No, wages can be garnished by an order of the courts for any type of debt. However the credit card company or collections agency MUST first file a lawsuit, obtain a judgment, and then file a motion for garanishment of wages providing the courts with your employers information.

Any collections agency telling you that if you do not pay them, that they will garnish your wages is breaking the law, as they can not make threats that they do not have the ability or intentions to do. If that is the case I would contact an FDCPA law firm has you may be entitled to damages for the violation.

How do I get a disputed debt off of my credit report?

The legal answer is that the process of disputing a debt is simple that for disputes. If your only dispute is that you do not want a litigate debt reported on your credit then you would not legally have the grounds for filing any disputes. If however, the debt is genuinely incorrect or not yours; then you should be able to google "credit dispute" and find sample letters and instructions on the process of assuring that your credit report contains accurate information.

I would avoid any company or service that claims to "fix" your credit, as most of the time its just a scam, and they just send the same letters you can download off the internet for free.

If an original card account has gone on to multiple collection agencies do you include all or the most recent one in Ch 7 bankruptcy and what if you dont know all of them?

Include everyone you know of and just make sure to keep the paper work ready for anyone in the future that tried to collect it. If the debt was not sold by the original card company then you should not have much of a problem in the future; if it was sold it can be a pain as it may jump around to a handful of other debt buying agents before someone does their job and deletes it.

Can they freeze your bank account for credit card debt in New Jersey?

Only a court of law by issuance of a Order of Garnishment or Levy can freeze a bank account. Any credit card company or debt collector making such threats are breaking the law, and you're entitled to damanges for their actions. I would google "FDCPA attorney new jersey" and get paid! I have no respect for a collector or agency that breaks the laws and lies to debtors!

Who is responsible for debt incurred in nursing facility if the POA changes during the time the debt is being paid on?

The principal is responsible for their own debts. A Power of Attorney doesn't create any obligations in the attorney-in-fact to take personal responsibility for the debts of the principal unless the AIF mishandled funds.

If your mother dies and leaves no estate are her children responsible for paying her creditors?

A decedent's estate is responsible for payment of the debts. If there is any property in the estate, the debts must be paid before any property can be distributed to the heirs. If there is no property the creditors are out of luck.

I am Free of Debt What kind of qualifications make you a Debt Attorney?

ImFreeOfDebt.org

I believe an attorney only needs his law degree in order to practice law/take the bar exam. The only qualifications that an attorney needs to have is state by state based. They must be licensed in the states that they have cases in.

Would a spouce be responsible for the other spouces debts incurred before marriage?

No, however if you hold any joint assets, before or after marriage, such as a home, car or bank account they can be garnished or levied by the creditor regardless of who else is named on the asset.

Should original creditor and the new creditor the account was sold to be included in bankruptcy?

Both and anyone else you can think about in the middle, because it removes any claims down the road for not providing proper notice.

If you owe state taxes in Louisiana can your wages be garnished in Florida?

Yes, where the judgment or order for garnishment comes from is not a point for not following the courts order. Most employers when they receive a court order for garnishment just comply.

How do you garnish someone?

If your not a State or Federal Agency, then you would need to file a lawsuit, win a judgment, and file a Motion for Garnishment with the courts, and typically you must know the information of what you are seeking to garnish.

Are the medical bills on credit report removed after clearing the bill?

Removing or say that information would be removed for repayment of a debt is not legal. If your bad medical debt was reported to your credit, then your payment and the status of the debt would be updated by the collections agency typically within 30-60 days. It will still appear on your credit but as a "paid" or "settled in full" status and zero balance due.

If your husband is the primary card holder does that give you credit history in a joint account?

Yes, as long as your listed as a "Co-signer" on the account. Credit is not build if you are just an "Authorized User" if this was a credit card account. Lastly, this all assumes that whatever this joint-account is that it reports to credit.

Can a debt collector show up at your work?

There are no laws that would disallow one from showing up at your work, however its more common for a repossession agent which is not considered a "debt collector"

I would say that if a "debt collector" showed up at your job, they would still be required to the restrictions under the Fair Debt Collections Practices Act, unless this was a debt owned by a business, which would not allow them to:

  1. Use any form of badge or attempt to appear as a law enforcement or government agent.
  2. Clothing could not include anything that would idenitfy them as a "collector"
  3. Would not be allowed to identify himself to your employer or other employees as a "collector" or there to "collect" a debt
  4. Must not have acted in any manner that you considered to be threatening
  5. Is not permitted to carry a weapon, even if they have a license to carry one.

So if he showed up looking like Dog the Bill Hunter then I would have called the police and then a FDCPA attorney.

If you have a nonperiodic garnishment against you in the state of Michigan can they garnish a joint bank account?

Yes, joint bank accounts are subject to garnishments or levy for debts of any or all of the account holders and regardless of who puts the money in.

How are you notified if an unsecured debt should be paid?

All debts should be paid, regardless of being secured or unsecured. However, if you are involved in a bankruptcy then the trustee will provide both the debtor and their creditor with the list of what, if anything, is being paid, adjustment, and/or monthly payment to expect.

Am I responsible for tax debt my husband had prior to our marriage?

Best answer is to contact a tax professional, as they are the best to help review your personal information and direct you. However, generally speaking your not responsible, per-say, for his tax obligations. Yet, if you have joint-bank accounts or assets, they are subject to IRS Tax Judgments, Liens and/or levies.

Secondly, if you file under the "married filing jointly" then anything he owes, you owe, and vice-versa. So any income tax return you expected can be garnished by the IRS without notice or warning, and complete disregard to anything you may have been due individually.

If a Consent judgment was ordered against your ex for a loan secured with a house but you had a Quit Claim Deed prior to Judgment are you responsible for the debt even though you didn't know about it?

Yes, in fact you could be subject to criminal charges for attempting to shelter assets prior to the judgment being ordered, if you did it with knowledge of the potential liability and with the intent. I would suggest getting your "ducks" in a row because without question they will challenge transfer at the least.

Can your work find out about your foreclosure?

Your work can find out about your foreclosure in some of the following ways:

  • They check your credit report for some reason and see your mortgage loan is in a state of foreclosure.
  • They pull public records on the piece of real estate that you own and find the foreclosure lawsuit or lis pendens.
  • They do a background check on you and the foreclosure litigation shows up.
  • Your house is listed for auction in the paper and your coworkers or boss reads about it.

One quick way to check the status on a foreclosure is to call the attorney hired by the bank to get a status on the foreclosure sale. You should have received a foreclosure notice which lists the attorney who is hired by the bank to handle the foreclosure proceedings. I would call them.

Can you remove unpaid judgment against you after pay the money?

The person to whom you owe the money would need to file a document with the courts notifying them the judgment was satisfied. I would then suggest that you keep copies of these documents also since old debts some times have a bad habit of popping back up.