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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 two different collection agencies report you for the same debt at the same time?

Two different agencies can report on the same debt at the same time. Sometimes these are sold and overlap. You can always write the agency and try to have it removed from your report.

Can a foreclosure cause lenders to take money from savings account Ira's and checking accounts?

The rules that apply in a foreclosure are based on the state and the actually agreements signed by the borrower. A borrower can have still owe money to the lender after the foreclosure has completed if the process allows for a deficiency judgment. Pension accounts and other similar things are normally protected from claims. To really understand the fine details you would need to seek an opinion from a lawyer who is licensed to practice in the state where the property is located.

After a foreclosure how long does it take to evict in Florida?

Usually there will not be a separate eviction filed after a foreclosure. Typically, the plaintiff will request that the clerk issue a writ of possession as a part of the foreclosure. The judge may direct the clerk to issue the writ of possession as a part of the foreclosure judgment or the Plaintiff may request it afterwards. Once the writ of possession has been issued, it must be delivered to the sheriff. The sheriff will post the writ on the property and you have 24 hours to vacate. In short, not very long.

Can a a credit company file the same account twice on your credit report?

It happens and can be disputed. Call you credit card company or credit agencies.

Before mom went into nursing home caretaker used credit card for purchases for both mom and self - now caretaker wants CC charged off but company calling me daily for payment what should I do?

I would speak to credit card company and let them know what happened and if you can make payment arrangements.. This will stop often calls.. Also I would speak to caregiver and let them know that you will need money returned to pay back money spent on mothers credit card.. You will need proof before confronting caregiver that the items are not your mothers.. When you get all proof together then confront caregiver and you may need to go to small claims to get reimbursed if caregiver doesn't pay back.

How do you find foreclosure listings?

There are many different properties that people label as "foreclosures". Some variants are pre-foreclosures, lis-pendens, etc.

What many people a true foreclosure, the type they can get deep discounts on, is a property that the mortgage lender has won the right to reposes. In many states this happens in the court system.

The mortgage lender is awarded a judgment and the property goes up for auction at a sheriff sale where the public can bid on it.

Most states have requirements that certain aspects of the foreclosure process are made public. Usually via public notices. You can also find listings at County Clerk's office and when a property is scheduled for auction the Sheriff will post notices in the local newspapers about the sale as well as maintain a list of properties that have been foreclosed.

There are various sites on the internet that collect this data that you can search. The majority seem to be sites you have to pay for. I'm in Northern NJ and there's a free site which I visit that lists NJ foreclosures. http://www.bergenjerseyforeclosures.com

What is periodic inventory system?

One that does not require a day-to-day record of inventory changes. Costs of materials used and costs of goods sold cannot be calculated until ending inventories, determined by physical count, are subtracted from the sum of opening inventories and purchases (or costs of goods manufactured in the case of a manufacturer).

If you die -have no assets and owe for credit cards who has to pay the bills?

If one dies with no assets, not impossible in a small estate, then as a general rule there is nothing to pay debts with period; a credit card creates a debt; when a person dies, his estate is supposed to be distributed according to specific state rules; the rules create an order for the distrubution of assets. Where there are no assets, obviously the rules of order dont apply. In most of the states in the United States of America, debts which are incurred (gotten) in the name of a dead person while alive are debts to the estate, not to the living, unless there is a certain kind of fraud and it can be shown. In less than lofty language, as a general rule, where there are no assets, creditors eat the debt. (Which is one of the reasonx, creditors tend to limit debt to that which they feel comfortable in expecting to get back.For example, in this particular economic and financial climate, creditors and lenders are more interested in what they get back rather than what they get. In short, if the dead owe the debts, then the creditors have to look to the dead for the debt. Not the living....

How long before your evicted in a foreclosure?

It will vary based on two main conditions. 1. The legal process for a foreclosure. Some foreclosures are very drawn out and it can take months before the lender or the high bidder successfully win the title to the property. Before that the owner is still the owner and they can remain in the property. 2. After the auction is complete there could be redemption rights. This is where the borrower can get the title back if they pay back the winning bid plus other costs. Some states do not have a redemption period. The right to remain in the property should be clarified based on the laws of the state. True answer is you really cannot tell. The new owner (lender or otherwise) will need evict anyone in the property. The eviction process normally has a clear timeline from filing to court action. After a judge issues the eviction order then the sheriff has to be scheduled. When they do arrive they will move the personal items and the people out of the property onto the street. It past to check the state laws and to watch for notices. An owner facing eviction will many times benefit if they clear out early as they can find it easier to qualify for a rental until before the final foreclosure and eviction rather than applying to rent after those items are on their credit report.

Can a creditor or debt collection agency access my bank account for debt collection?

Yes they can. After they have obtained a court judgment.

I fell behind on two payments on a court ordered payment plan and the creditor sent a letter asking me to contact them within 10 days. I did not. I am not sure how they were able to do it, but they got a court order placing a hold on my checking account (took all the money that was available) and I am not able to withdrawal any money from the account until such a time that the debt is satisfied. I would advice that you contact them to try and set up some sort of payment plan if and when they do get access to your account.

What does a discontinued stipulation mean?

A discontinued stipulation means that a specific order has been stopped. This will eliminate any form of obligation to the parties involved.

Can a debt agency pursue a debt from a non next of kin?

if you used them as a point of contact, that person can tell the collector not to contact them again and they must do so per the fair debt collection act.

What happens when you don't pay your maintenance fee in a timeshare unit?

Failure to pay the maintenance fee on a timeshare unit can result in late fees and penalties. Going to long without paying the maintenance fees can result in being turned over to a collection agency.

Can credit card collectors garnish your wages?

Collectors cannot. A court order can. A collector needs to go to court and win a judgment and court order. This varies in difficulty from state to state.

What is a word which means ' pass due'?

Past due is when you payment is not made on the time established when receiving a loan or credit card. If the payment is due on the 15th of each month and you pay it on the 17th. the payment was past due two days.

Can you quit claim a house to avoid foreclosure?

One common misconception that homeowners can have during a foreclosure situation is that they can somehow transfer ownership of a property and that this will stop the foreclosure. Nothing could be further from the truth, and simply signing over the deed to the house to a third party will put the owners in a much more vulnerable situation than when their own names were on the title. Using a quitclaim deed or other transfer will also do nothing to make the bank end its lawsuit to take the home.

Transferring ownership of a house in foreclosure does not relieve the original borrowers of their obligation and responsibility to pay the mortgage. When they purchased the house, they promised to pay back to the bank a set amount of money at a certain interest rate. The owners may be able to transfer ownership of the house at a later date, but their original promise to pay the bank will not be altered.

There is also a danger that transferring the title into someone else's name will activate a part of the mortgage called the "Due on Sale" clause. This means that, if the homeowners transfer ownership at any time before they have paid off the mortgage in full, the entire remaining amount of the loan will be due immediately. Because most deed documents state the consideration paid for the property, banks view this as a sale of the house, even if it is only for a nominal amount like $10. It will activate the Due on Sale clause and the homeowners will still have to find a way to pay back the loan.

It is also important that homeowners be aware of the fact that many foreclosure scam artists rely on such transfers in order to steal homes from desperate families. They sell foreclosure victims on being able to stop the process just by transferring ownership of the house to a third party, into a land trust, or other "creative" entity. At that point, the homeowners typically agree to paying the scammers rent, all the while ignorant of the fact that the bank is continuing the foreclosure process. The homeowners are eventually evicted with severely damaged credit, while the bank takes the house, and the foreclosure scam steals money and gets away with no damage to their own credit.

Transferring ownership of a house while facing foreclosure is almost never a good idea unless a sale or refinance of the property is also taking place. The defaulted mortgage must be paid off in full or at an agreed price in order for the foreclosure to be ended. If the homeowners are simply executing a quitclaim deed in an effort to save the house from foreclosure, they will quickly realize that this does nothing to affect the original mortgage, and will only leave them in a potentially much worse situation.

If title is transferred out of the homeowners' names and the mortgage is not paid off, there is a good chance that the situation will go from bad to worse. They will no longer have control over the property, and the Due on Sale clause may push up the time frame in which they need to pay off the mortgage. In any event, though, homeowners need to keep their eyes open for potential scams and make sure they understand that transferring title does not stop foreclosure unless the defaulted mortgage is also paid off.

How to get out of debt at low price?

If you have good credit, you can apply for a balance transfer credit card with a 0% intro period so you can save on interest for up to a year and a half. You can also work with a debt settlement company to help you negotiate with your lenders to pay off your debt for less than you owe.

Can credit card companies take your car?

Credit card companies can bring you to court if you owe outstanding debts. They could end up garnishing your wages or even take your car if they win the case.

What are the average utility costs for Tallahassee Florida?

The average costs for utilities is around 200 dollars a month for water, heat and electric. In a larger house, the bills will be more expensive.

What is does it mean for an original creditor to recall their collection?

Recall of a debt by a creditor is when the original creditor asks for the debt to be returned to them after they have sold it, often to a collection agency. This may occur if the debt has not been collected for a certain amount of time, and the debt will be sold to another agency to collect, or if the debtor offers the original creditor a settlement.

Can I get a medical collection removed from my credit report if I never got a bill because they did not put my apartment number on my bill and the bill has been paid after being sent to collection?

Yes you can have it removed from your credit report. I had a similar issue with a medical bill. It was never delivered to me by the hospital or collection agency. I called the agency and explained this. They said I could pay it off and they would have it deleted from my record. They also said they will contact the credit bureaus to clear it off their records too. This happened earlier this month. I went to Equifax and disputed the collection on there end afterwards to make sure it gets taken care of. I'm just waiting to get confirmation now.

Can a seventeen year old have a credit score?

Sure. If they have credit history they could even have an okay score. Some parents open accounts in their minor children's names to start credit early. But most people don't start a credit history until they are at least 18 and can legally agree to the contract terms themselves.

Is a charge off better than a foreclosure?

They are both bad things....and not mutually exclusive. A foreclosure that doesn't pay off the debt can mean that unpaid portion becomes a charge off, if uncollected.

However, a foreclosure is normally viewed as a more severe thing than a charge off....as foreclosures only occur with secured loans (generally homes) and a charge off can occur with just about any debt.

I suspect a mortgage would never just be charged off as they would always want to foreclose and get as much from the security as they can, so they would only have to charge off less.

How long does a stop payment take?

Most banks can place a stop payment on accounts within 24 hours. They generally last a few months. You can check exact dates by contacting your bank.

If you put a stop payment on a check because a dsipute over service delivered can the other party send the bill to collections or the police department without any investigation or recourse?

Did you receive the service? Did you sign an agreement? If so, you may want to check the fine print because there could be a clause for a remedy if you take such action. If you did not receive the service and there is no clause, you are well within your rights to stop payment.

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