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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 is the time frame a debt collector can call?

Any day of the week including Sundays and Holidays between the hours of 8:00 A.M. to 9:00 P.M according to the debtor's time zone.

When a second mortgage is in foreclosure does the first mortgage show as a foreclosure?

No, they are two separate loans. If the second mortgage is foreclosed the lender takes possession of the property subject to the first mortgage. The borrower no longer owns the property.

How long does a deed in lieu of foreclosure take to give back the property?

With the consent of the property owner and lender, the deed is valid immediately after it is recorded in the county public records. It is a good way to avoid the foreclosure process, but, oddly, many lenders will not accept such a deed and insist on the expensive and tedious foreclosure process.

How much does Target pay Asset Protection?

It all varies between what Target you will work at. It all depends on the location and activity of your store. I am an Assets Protection Leader in Missouri and i make $14.00 an hour. I know TPS start at around $8-8.50 an hour.

What is the statute of limitations for a lawsuit for credit card debt in Washington State?

Three years from the DLA (Date of last Activity) shown on the account. An SOL defense can be subject to tolling according to the interpretation and application of existing creditor/debtor laws.

Can I stop sending payments to a debt collector and send them to the original creditor instead?

The simple answer is yes. You are creating then more paperwork, more opportunities for the payment to get lost, and less of a guarantee that the debt collector will adjust your credit bureau information. It is best to just send payments to the collector.

What are some pros and cons of the United States national debt?

Pro: The Nation will be debt free.

Con: The National debt right now (2010) is 14,000,000,000,000 which is a lot of money to pay off and the nation might go broke.

After several years of hardship I'm finally capable of paying off or settling debt. What is my best option for doing so?

You should call each individual creditor and see if they will lower the amount you owe them in exchange for you giving them one lump sum. Most creditors will work with you and you won't have to pay the total amount you owe.

Can a credit card come send you to collections if you are making a payment?

They can do whatever they want if you are behind, but it would be weird for them to pursue collections if you are making REGULAR payments. Call the credit card company and make arrangements.

When is a foreclosure complete?

Whenever the title to the property has been quieted in the name of the purchaser at the foreclosure sale.

What is better a short sale or a foreclosure?

A short sale is always better. I will tell you why very definitively. When you purchase a home on a short sale you are helping a homeowner salvage their credit and dignity and helping them out of a bad situation. You are also preventing a large loss for the bank and getting a great deal for yourself. Everyone wins if it is done correctly. A foreclosure will have a very bad effect on a homeowner's credit and the bank will in most cases take a bigger loss than they would in a short sale. A sellers credit in a short sale will be damaged to a lesser extent than a foreclosure. In most circumstances if you have done a short sale you will not be able to get another loan for two to three years. In a foreclosure it is usually around five years before you can purchase another home.

Can you rent out your home while home is in foreclosure?

Yes you can, but in most states you have to tell the potential tenant about this foreclosure.

Difference between charge card and credit card?

Credit Cards vs. Charge Cards Many people use the terms credit card and charge card interchangeably, but there are important differences. In general, a credit card lets you make purchases for which you are billed later. Most credit card accounts allow you to carry a balance from one billing cycle to the next; however, you have to pay interest on that balance. Usually, you have to pay at least a certain amount of your balance each time you receive a bill. A charge card is a specific kind of credit card. The balance on a charge card account is payable in full when the statement is received and cannot be rolled over from one billing to the next. Because you cannot carry a balance, a charge card doesn't have a periodic or annual percentage rate, so there is no rate for a charge card issuer to disclose. (info is from some website somewhere on google)

How can you avoid a bank account levy?

If you have been notified that your bank account is going to be levied, the only way to avoid that is to either close the account or take your name off the account. You can also keep the account open and just never put any money into that account.

What should you do if you are being sued for credit card debt?

You should try to settle. In the end, they just want to be paid. You may need to severely cut expenses and get a second job to make ends meet. Then, keep your promise and pay up. You used their money and now you need to pay it back.

What is the difference between a HUD home and a foreclosure?

A HUD home is a 1 to 4 unit residential property acquired by HUD as a result of a foreclosure action on an FHA-insured mortgage. HUD becomes the property owner and offers it for sale to recover the loss on the foreclosure claim.

All HUD homes are foreclosures but not all foreclosures are HUD.

Is debt over 7 years old still collectible?

It depends on the Statute of Limitations for your state. If it is longer than 7 years, then it is still collectable although it may have fallen from your credit report. If the SOL is less than 7 years, they can still attempt to collect and even file suit. However, if you follow proper litigation procedure and use the expired SOL as an affirmative defense then no judgment should be granted against you. If you do not respond with a defense then they can get a judgment collection on a debt that is 50 years old! Sadly, collection "attempts" are never time barred. I am not an attorney but an avid reader/learner in collections.

If you have a judgment lien against you from a credit card collector and you do not own a home what can they do?

Judgment (judgment lien) collection procedures include: *Examinations--you have to come to court and answer questions *Garnishment of bank accounts or wages *Execution on motor vehicles or boats *other procedures that vary from state to state

Can a debt collection company issue a summons for unpaid unsecured debt?

Yes, once a debt collection agency buys your debt from the original creditor they are legally entitled to all of your debt. Therefore, they can take you to court for any unpaid debts, so long as it is the debt they bought from the original creditor and only that debt.

Does Capital One sue people for not paying their debt?

Some personal observations from representing former cardholders. Capital One sues its cardholders pretty vigorously. And once they do sue they are not very interested in giving them a break, in fact, one of their lawyers told me that at that point CapitalOne does not care if you stay a cardholder any longer. In other words, do not expect a break by promising to keep using their card and not missing any payments in the future. Another thing is that CapitalOne insists on settlements not lower than 80% of the total "amount sued for " or it will go to trial, get a judgment for the entire amount and do everything they can from garnishment to seizure of assets to get paid. Note that I used the term "amount sued for" and not "amount owed". This bullies and frightens people into foregoing some of their rights. In one case I had, Capital One sued for more money that it was owed by overstating the amount of interest and attorneys fees that were owed. The amount they sued for was higher than the amount that they later admited was owed. What would have happened if the case were settled for 80% of the amount sued for would have been a settlement for more than 100% of the actual amount owed. CapitalOne uses many law firms and if any firm does not bring in at least 80% of the amount of the accounts they send to the lawyers, CapitalOne will drop that lawfirm. If a lawfirm wants to keep CapOne's business, it is not giving anyone a break. So when CapitalOne asks "What's in your wallet?" It is not only the card but their grubby hands as well.

How should I pay a collection agency?

You need to contact the collection agency and discuss the situation with them. If you don't get in contact you risk legal action, but provided you show you are willing to negotiate you'll find they will be flexible. Note that collection agencies use a lot of psychology in getting debtors to pay. Some of these are quite aggressive. Try to bear in mind that none of this is personal. They're trying to get you to pay as much as they can (perhaps rightfully; perhaps not). Try hard not to lose your temper. Feel free to ask to speak to someone else, if the collector you're dealing with is difficult.

What is account reaffirmation on a debt?

this is were you agree to pay the debt that you originally signed with the creditior this usually happens when someone is filling bankruptcy.

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