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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
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."
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.
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.
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.
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.
What are Missouri laws on wage garnishment for credit card debt?
This information is available at BCSAlliance.com. It reads as follows: WAGE GARNISHMENT EXEMPTIONS: 90% of weekly net earnings if head of household; if single without dependents, 75%
Can a collection agency report a collection and then not update it?
In Part: No it has to be updated if the balance is revolving and going up or down monthly.
How do you report a foreclosure on your tax return?
If you received a 1099-C, cancellation of debt, you need to know your options.
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.
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.
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
A phone bill 8 years old and a collections agency trying to collect do you pay it?
pay it or the penalty will only get higher
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.
How much can a company garnish your wages for?
The state orders the garnishment, not the company, but they can take every penny.
Are you responsible for your spouses credit card after her death?
If you were not on the card agreement and were never added to the account, you are not directly liable. HOWEVER, the decedants estate or your assets as under community property might be at risk should the creditor seek court action. A creditor may sue to obtain a judgment against the estate, which I assume was 50% yours and is now 100% yours. If the home or assets are in Trust, this may offer some protection.
Can you dispute the validity of a debt at any time?
The FDCPA says you have 30 days from the date of the initial letter you are sent to dispute the validity. This is known as the validation period. I don't believe many agencies would not deal with a dispute at any time of the debt though.
Is a foreclosure an arm's length transaction?
Typically foreclosures are not considered to be "Arm's Length" as one of the parties is acting under duress.
Can you sue a collection agency for harassment?
I think you are technically allowed to sue anybody for anything. That does not guarantee it you will win the court case, however.
Can life estate property be taken if there is bad credit card debt?
A life tenant does not own any fee interest in the land. They own the right to the use of the land. Therefore, it woudn't be worth anything to a creditor. In addition, there are obligations associated with a life estate that vary from state to state. If the creditor siezed the life estate it would also acquire those obligations. You should consult with an attorney in your jurisdiction if your question involves an actual situation. In that case you need to know how the situation would be handled under your state laws.
