Debt Collection

yes. or you can settle for less but remember to work out a pay for delete. be sure to get the arrangement in writing.

Depends on the credit agreement, but generally interest does not have to stop being calculated.

In most cases a card holding spouse can add the other as an "authorized user" without permission, however those types of cards are not liable for repayment of the balance, even on transactions preformed on their card. It is not legal for one spouse to add the other on any credit applications has a "co-signer" without that persons permission. However, the liability would not be in the hands of the credit card company, since if you are listed as a "co-signed" and claim you did not agree, sign-up or give you spouse permission, you risk your spouse being turned over to the States Attorneys office for consideration of Credit Card and Identify Fraud.

It would be illegal for anyone to provide you with such information, however I am sure you can call around some private investigators to find one that would dig through his trash looking. However, if you have a legitimate need for the information, like if your husband is failing to make child support payments by claiming not to have the income or cash to support the payments; then you should contact your local clerk of courts or attorney for direction.

Any and all assets of a deceased can be used for the repayment of his debts. However, if the pension is making a lump sum payment to a "beneficiary" like a spouse, then it would not be considered an asset of the deceased and you could fight any claims a creditor might make, but if it just pays out to the deceases estate then its fair game for payment of any debt therein.

Yes, typically if you already had a pending payment, broken promise, or repayment plan, then typically the first agency would retain the account until you have completed the arrangement. However, if there was never such arrangement, and both are attempting to collect the same account, then you should inform both of them of the other intentions. It could have just been an placement error between the original creditor and the collections agency, as it would be illegal to submit the account to multiple collectors at the same time.

Under current laws, a bad account remains on your credit report for only 7-years from the last payment date. Other types of debts, and even public notices, remain on your credit for longer. The right thing to do is pay your bills, do so on-time, and always make sure not to over spend on credit.

Generally no, however any shared assets, such as a bank account or home, would be subject to levy and/or garnishment for his unpaid debts. Also, some debts where you had a shared benefit could attempt to attach liability on you, especially if they showed in court any attempt to shelter or harbor assets in your name to avoid attachment to your husbands debts. However, the best way to avoid problems is to have your husband at least workout a repayment plan.

For starters, a creditor or collection can not just freeze accounts, unless this creditor is your bank and they have some more powers over your accounts. However, if you had an unpaid personal bill, generally it would not be attachable to your business, and vice verse, unless there was a guarantee involved.

The estate must be probated and the creditors will be given notice. The decedent's debts must be paid by the estate before any property can be distributed to the beneficiaries.

No, if there is any surplus of funds from a public foreclosure auction, it goes to the homeowners.

This is why banks keep raising fees, interests, charges, costs, and any other monetary items they can impose on an account.

The bank wants to be able to collect as much money as possible from the sheriff sale of the home.

Not surprisingly, a surplus that goes to the homeowners is very rare. Most homes do not sell for enough to pay off even the first mortgage, let alone any other liens or create a surplus.

However, in the rare cases where there is a surplus, the homeowners often have to request it from the court or county clerk. They will not just be sent a check.

The government would rather that the homeowners disappear and leave the surplus for the government itself to claim, instead of letting the borrowers know they are entitled to some funds as a result of the sale.

Private money owed no, since the courts do not recognize common loans. However, if there was a contract or loan agreement you could make a claim upon the estate for payment. Just like many other financial wind ups there is an order of priority - (1) State and Federal Taxes; (2) Courts, Probate and Receiver Fees; (3) Secure Creditors, like mortgage holders; (4) Liens and Judgments; (5) Unsecure Creditors; and (6) Heirs. Lastly, if there is not enough to pay all the Unsecure Creditors you may be focused to accept a discounted amount representing your percentage of debt compared with other debtors. Then again, anything is better then nothing.

At any time, unless indicated in your credit agreement or contract a limiting term. Genreally most effective receivable management departments will submit the account into collections between 90-120 days past due. Lack of communications being the accelerator, since when they do no have contact with the account holder they move the process faster into more serious collections.

Yes, any garnishment for federal student loans has the ability to take your income tax refund checks without any notice, since such ability is prescribed by law or regulation.

If the estate was duly probated and is now closed then the creditor is out of luck. When an estate is probated a notice is published and the creditors have a certain time period during which to file a claim with the probate court. That time period varies from state to state. If that time period has passed the creditor cannot collect.

You cant get arrested if you ask someone for your money back you can only get arrested if you threaten them or hurt then for money.

The Estate of the Deceased, all debts are paid from the assets of the estate, and anything else left over is provided to the heirs in accordance with their will, or if no will by equable division by the probate court. If all the assets are liquidated and there is a balance still due to creditors heirs get nothing but are not responsible for any of the debts.

However, if a family member was a co-signer, or guarantor to any loan or service then they would be responsible for those balances; including nursing home care, etc.

Any shared assets, property or bank accounts, would be subject to attachment from this judgment. For real estate, the judgment would come up in a title search, and any profits from a sale subject to repay that obligation. With banking accounts, the judgment holder could file for garnishment or levy, but they would have to know the bank account details in order to take such actions. Best suggestion is to be safe with holding any shared assets, since once it touches his name its chum for the sharks.

Yes, if they obtain a judgment on the past due claim and then file a Motion for Garnishment or Levy on your bank account. They however can not just take this action without the courts, and if they are claiming that they "will" attach your back account then they could be in violation of collections laws that aim to prevent making misleading or fraudulent claims to debtors.

If you suspect they are trying to mislead you into thinking if you do not pay them that they will take the balance from your bank account, or that they have the ability to do such actions without explaining the legal process, I would direct you to contact an FDCPA attorney as you may be entitled to damages for their violation of State and Federal collections laws.

Yes, but only by an order of the courts brought by a motion from the plaintiffs for such wage garnishments to occur. The bank or collections agency can not garnish wages without the courts, and if they threaten to take such actions without intentions or ability they may be in violation of State and/or Federal collections laws.

Yes and no. The estate of the deceased is responsible for payment of any debts of the departed, so if you had been willed any form of an asset then it could be liquidated or levied for the repayment of a debt owned to the estate. The only time children or a surviving spouse are liable is if they put themselves up as a guarantor, including co-signing on a car, apartment, credit card, and/or medical care.

Yes, if the terms of the agreement allow for them to charge such fees, and in fact if the payment is late. Best rule of thumb, is to start calling all creditors upon someones death to let them know to avoid any late fees, since its not the creditors responsibility to check vital status. However, you should be able to request most of those fees to be reversed by providing the death certificate, and if probate is involved you can challenge the amounts they are charging.