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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

Is a surviving spouse and sole beneficiary responsible in Manitoba for the Credit card debt of the deceased?

Unless both spouses signed the credit card agreement, the answer is no. The debt can only be charged against the property of the deceased, but must be fully paid (or paid as much as it can be in the case of an insolvent estate) before anything can be paid to the spouse.

In Illinois is spouse liable for deceased debt?

Yes, because the death does not really matter in terms of debt. One is responsible for any debts of their spouse anytime and all the time.

Can a company you worked for send you to collections for money they think you owe without contacting you first?

No they can not send you collection for the money they think you owe them , they must send you a notice or a letter first.

How long do you have to vacate your home after foreclosure in Georgia?

In Georgia, homeowners typically have about 30 days to vacate their home after a foreclosure sale. It's important to check the specific timeline outlined in the foreclosure notice received from the lender to understand the exact timeframe.

What is the journal entry for Bad Debt Recovery of 2350 which was debited to the bad debts recovered account?

Transaction Entry

Cash a/c dr 2350

To bad debts

recovered 2350

(being B.D recovered)

Transfer entry

Bad debts recovered a/c dr 2350

To P&L a/c 2350

(Being B.D recovered

transferred to P&L a/c)

Does a collection agency have to accept what you can afford to pay?

Absolutely not. You, as a debtor, do not get to set the terms of repayment. By the time the collection agency gets a case, typically, the entire balance is due at that point. The good news, however, is that when a collection agency sues you, a good consumer attorney can likely defend your rights with great success. For more answers to collection agency questions, please visit my website at www.gregartim.com

Is a parent liable for childrens debt?

It depends on the age of the child. If they are minors, they shouldn't have debt, as they are unable to contract. If they are over 18, the debts are not the parent's responsibility unless the parents co-signed. The estate should be set up to resolve the debts.

My husband and I each purchased land in California. We live in another state. The properties are about to go into foreclosure. Which states foreclosure laws will apply?

Foreclosure laws typically apply based on the location of the property, so in this case, California's foreclosure laws would likely apply to the properties you both purchased in that state. It's important to consult with a legal professional in California to fully understand the implications and processes involved in the foreclosure proceedings.

Should I be forced to pay a medical bill for my niece who was a run-away and came to my home and I took her to get treated. I am now being harassed by a collection agency.?

It depends on whether you use "should" as a matter of opinion or a matter of law. It's clear that in your opinion you should not. However, as a matter of law the answer will depend greatly on what you signed and how she was presented for treatment, as well as her age. If you take a minor in for medical care and present yourself as the caretaker and offer your name and insurance information, you may have obligated yourself. If you presented her as the legal ward of another party and gave them none of your info, then you may have grounds to fight them. If your niece is of legal age, she should be the one held responsible for the debt. It sounds like you took the responsiblity for her care as a minor child and therefore may well be liable for that cost of that care. You might consult an attorney and research ways to seek compensation from her parents.

In Missouri is the surviving spouse liable for credit card debt?

The estate is responsible for any outstanding credit card bills. But the assumption is that the wife inherits the husband's assets. One way or another, the spouse ends up paying the debt. The spouse has some right in all real property owned by the husband. If the assets are not enough to cover the debt, the real property may have a lien placed against it to cover those debts.

What are you making when you put money into your savings?

There are two ways to answer your question - when you "put money into" an account, you are "making a deposit." But also, when you put money into a savings account, you typically accrue interest, so you technically also are "making money."

Will wife have to pay credit card bill in death if no estate if not in her name?

The estate is responsible for the debts of the decedent. Send a copy of the death certificate in with the bill to notify the creditor of the death.

How do you take out a judgment against someone?

To take out a judgment against someone, you typically need to file a lawsuit in court, provide evidence to support your claim, and go through the legal process. If the court rules in your favor, a judgment will be issued against the defendant. You may then need to take steps to enforce the judgment, such as garnishing wages or placing a lien on property.

Are you responsible for your husbands debets when he dies you live in Ohio?

In Ohio the debts of the deceased are the responsibility of the estate. Anyone that was also a co-signer on any of the agreements might also be responsible. Consult a probate attorney in your jurisdiction for help.

Can a collection agency come after you for an old debt that doesn't show up on a credit report?

A Collection Agency can come after you for any debt, on the credit report, off the credit report, valid, invalid, real, or imaginary. This is due to the fact that a Collection Agency is a private company and can do whatever they like, just as you as a private citizen can do whatever you like.

Having said that, a Collection Agency is regulated by a number of laws. The Fair Debt Collection Practices Act 15 U.S.C. §§ 1692, The Fair Credit Reporting Act 15 U.S.C. § 1681, and state Statutes Of Limitations (SOL), which varies from state to state, but generally maxes out at around six years.

The first thing to understand is that there is absolutely no upside to speaking with a collection agency on the telephone! Let me say it emphatically DON"T EVER SPEAK TO THEM ON THE TELEPHONE. Nothing whatsoever can be resolved via telephone call. The person on the other end of the phone could not care less about you, your personal situation, or whether or not the debt is actually valid. They are most definitely not your friends. They are not there to help you resolve anything.

The people who work for collection agencies are there for one reason only, to extract money from you. This is their SOLE purpose. They will attempt to convince, connive, manipulate, trick, deceive, brow beat, harass, or whatever else they can think of to get you to pay them.

They get paid a commission on what they collect from you. They are specifically trained to use psychology and manipulative tricks against you; and are generally very arrogant, judgmental, and nasty people. Nothing they say on the telephone can be trusted, and anything you say on the telephone will be used against you regardless of your situation and regardless of the validity of the debt.

In no case should you ever in any way acknowledge the alleged debt! Doing so could make the otherwise invalid debt suddenly valid. All communication with a collection agency must be in writing for it to be of any use to you. If you request a validation of the alleged debt within thirty (30) days of contact from a collection agency, the agency must cease all collection activity against you until the debt has been validated. Generally asking for a validation of a debt is all it takes to get a collection agency off your back.

You also have the right to ask the agency to stop calling you at home, or at work, or to cease all further contact with you.

The Fair Debt Collection Practices Act provides you with a number of legal rights in dealing with collection agencies. The agencies obey these laws or risk being liable to you for damages.

The Fair Credit Reporting Act regulates how long negative information can stay on your credit report. Generally no longer than seven years for credit accounts and ten years for bankruptcies, tax liens, etc.

The State Statute of Limitations (SOL) regulates how long a creditor has before they can no longer prevail in a lawsuit against you. Generally no longer than six years after the last payment or charge you made on the account. In many states the SOL is less than six years, and in a few few its more.

Addendum
  • Any debt you legitimately believe to be incorrect or illegitimate should be validated and reconciled. Request this in writing, by certified letter, with return receipt delivery. Keep a copy of the letter and attach the returned receipt of delivery to it.
  • The advice to deal with collection agencies in writing is sound, for one reason only: any arrangements or requests you as the consumer make, must be done in writing for it to be binding. Telephone arrangement can be binding, but can also be refuted. Written arragements not so easily. This is clearly stated in the FFDCPA and the FCRA.
  • The assertion that collectors, rather the generalization that all collectors have no concern for your situation as a debtor is false. Having worked in the collection industry, I have been and am a highly conscientious person committed to my sense of integrity and honesty. True, a collector's main focus is to collect a debt; however, the guiding principle of this is to protect the interests of their clients. It is not in the best interest of the client or the agency to act in a way contrary to law or to attempt to collect an account that is not legitimate. The acts that govern collections practices are in place for a reason, to regulate the industry from unfair or illicit practices. It represents one of the most equal and fair pieces of legislation ever drafted in the US. As guiding principles of collections, the Acts actually facilitate collections activities for those who follow their precepts.
All that being said, it is the job of a collector to recover what has been contracted or agreed upon to pay for goods and/or services already received.

For people who had no hand or little to do with the situation in which they find themselves, many collectors can and do offer alternatives. For the greater majority of people collectors contact who had no intention of paying for what they received, or who feel somehow justified in having received a product or service but secure in the decision to not reimburse the product or service provider, beware the collector to whom you have given a purpose. Your case may turn into a "thrill of the hunt" situation; and, the laws that regulate collections permit a wide variety of means to recover a past due debt.

How long can a collection agency come after old debt that does not show up on a credit report any longer?

There are very few states that have laws regulating the attempt at collection on old debts like these. However, if you live in New Mexico and very shortly NY they have to inform you that they have no legal recourse and you have to pay it out of the goodness of your heart. Collection Agencies in Mississippi and Wisconsin have to clear the tradeline on the credit bureau as soon as the account is past the Statute of Limitations.

What is the normal time before a creditor can use a collection agengy to collect a debt?

Generally a Creditor will wait 180 days from the date of the last payment before passing the account to a Collection Agency

When is a debt written off in the UK?

In the UK, debt is written off when the financial burden is simply too much for the person or company. Debts are also forgiven when a person is seriously ill or has passed away.

If you owe the IRS money--can you open an llc with someone else and can the IRS touch it?

The IRS can go after anything that could be construed as a fraudulent transfer to evade taxes. And even if it could not establish that the transfer was fraudulent, the IRS could go after your ownership interest in the LLC and take the LLC away from you to satisfy your tax debt.

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