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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 you be sued by a debt collector that bought the debt from original creditor?

If you are in default on an account that a third party/person bought, yes indeed, the new owner can foreclose on you and sue.

Can a revocable trust be sued by credit card companies after the person is deceased?

That all depends on the trust and whether it was set up properly to protect the assets of the decedent. In order to transfer title to property out of an individual to protect that property from probate and creditors EFFECTIVELY, the trust must be drafted by a professional. If the truster maintained any control over the trust the trust property may be vulnerable to claims against the decedent's estate. The creditors can make claims against the estate and a judge will decide.

How much monthly payment can debt collectors demand?

This is the way it works in California, your states laws may vary.

It depends on the amount owed and your debt to income ratio. There are debt councilors available in every state, most consultations are free or sliding scale. They can tell you what the collectors are allowed to take and even advise you if you should do a debt consolidation, or for a fee have the debt adjusted and a percentage written off by the creditor. They will handle this for you, you will pay them a small fee every month and the amount needed to pay the creditors. This does effect your credit, but usually not as badly as not paying them at all, if that is how you are now situated, because the amount is negotiated. The councilor will be able to advise you what amounts each creditor is usually willing to deduct.

If you go this route you must pay the agreed amount every month or the creditor will take you to court and he will sue for the full amount plus interest and any fees including those from going to court.

Another option is to call the creditors, explain your situation and work out an informal agreement. Possibly they can stop tacking on late fees or high interest every month, as long as you send the agreed amount by a certain day. If for any reason the agreed amount can't be paid by the date due, call and let them know. The creditors are human too, they understand the situation millions of people are in right now and have been for months.
Any amount you can send is better than sending none, usually.

If whatever amount you can send is not enough to start chipping away at the principle of the loan, so the balance isn't higher and higher every month, you may need to file bankruptcy. This too will effect your credit in a negative way and it remains on your credit for several years. But if there is just no other way, sometimes it is what we have to do. The credit adviser will also advise you if this is your best option.

You have the right not to be harassed at home and work, you have the right to be talked to in a respectful manner and never verbally attacked. Anytime you call a creditor, get the name of the person who you are speaking to, first! If you find one to be particularly helpful find out if you can call this person directly in the future.
Good luck I hope things get better for you.

If make partial payment on home in foreclosure after 6 months will this delay foreclosure?

You should contact a Realtor who specializes in Short Sales so they can negotiate your situation with your bank to stop the foreclosure.

Who has legal rights over deceased spouse if surviving spouse remarries?

The surviving spouse has legal rights regardless of whether he/she remarries after the death of his/her spouse.

Can you stop the property from going to foreclosure 2 days before it will be foreclosed on?

Yes, by paying the back payments. Also, filing bankruptcy prior to the foreclosure will normally put a hold on the foreclosure proceedings.

Can a wife sign her husbands name to get a credit card?

No- that would constitute forgery. A wife cannot sign her husband's name to any legal document unless she was granted a Power of Attorney and states on the document that she is signing his name as his attorney-in-fact.

What is 1p made of?

1p was initially minted from bronze, but since 1992 it has been minted in copper-plated steel.

How many times can a creditor call you in one day?

The FDCPA allows creditors to contact debtors as many times as needed as long as it cannot be defined as harassment. For example, a creditor/collector could probably call a dozen times within the 8:00 am to 9:00 pm time allotment without being in violation. However, they cannot call continually, for example every hour, every half hour, etc. Persons subjected to creditor calls should bear in mind that they have no legal obligation to speak with the caller.

An example of identity foreclosure status?

this identity status represent a low degree of exploration, but a high degree of commitment. at this identity status the adolescence are not questioning, but simply accept it.

Debt responsibility of surviving spouse state of Maryland?

In most cases the debts of the deceased, including credit cards, are the responsibility of the estate. The estate, or its beneficiary should reimburse any valid debtors before giving any of the assets away. Consult a probate attorney in your jurisdiction for help.

Can a bank account held soley by the non debtor spouse be levied for the debtor spouses debts if the couple reside in a non community property state?

If it can be proven that the debtor has funds going into the non debtors account then the amounts that are going into the non-debtors account that originally were funds belonging to the debtor can be levied.

When Can a medical bill be turned over for collection?

In the majority of states a medical bill can be turned over to a collection agency at any time. Doesn't matter if you are paying on the bill or have an agreement with the doctors office. In some cases these collection agencies are NOT outside companies but an account receivable agency for the group of doctor's or clinics.

It is far more efficient to have a third party handle payments and invoicing. Kind of like having a 3rd party do your companies payroll.

You should ask the 'collection' agency if they are part of the group you owe the bill to. If so, it is far easier to negotiate with them.

If not, make sure the agency has correct information on file. You may actually be in the middle of a dispute between your insurance company and the billing office. If so, contact your doctors office to get this resolved asap and make sure they take the bill back from the collector. Get it ALL in writing.

Does a spouse have to pay a credit card that is only in the deceased spouse's name in Michigan?

In Michigan, generally, a spouse is not personally responsible for credit card debt solely in the deceased spouse's name. However, the estate of the deceased may be liable for the debt if there are sufficient assets. If the surviving spouse was a joint account holder or had co-signed for the credit card, they could be held responsible. It's advisable for the surviving spouse to consult with a legal professional regarding the specific circumstances.

How many people are in debt in America?

Well everyone is in debt one way or another so your question could be answered in two ways in terms of money or in terms of a physical achievement and a recognition to another for a help or service

What card starts 4462?

its a debit card, from Halifax, Some LLoyds TSB Business/Platinum accounts also have a debit card prefix of 4462

Does a collection agency have to accept a payment for a medical bill regardless of how small the payment is?

Sure would like to know myself ... just got a call from a collection agency telling me that i owe 95.00 from June of 1999... no info about patient...only a date. not even a doctors name. They are rude and relentless ... what do i do ???? help me !! Jane

What is the definition of profit on debt?

profit on debt means the interset,penality,fees,charges and other benefits on bebt

recevied by the financer

Can a creditor with a judgment levy a Delaware bank account?

According to post I've read online, Absolutely Not! However, the IRS or a State may.

Does foreclosure show on credit report after bankruptcy?

It does yes, but only for seven years after it happened. This is because the FCRA (Fair Credit Reporting Act) specifies that anything on your credit report can only be on it for seven years after inactivity. Inactivity means that you have not had anything to do with it. For example, lets say you had a delinquent credit debt and did nothing with it for seven years, it would fall off your credit report. But even if you paid 1 dollar to this debt 6 years and 364 days after it's date, it would be on for another seven years.

Is the husband responsible for the deceased wife's debt in Florida?

In many cases the husband will be held responsible. They are deemed to have benefited from to goods and services.