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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

Why was the harvester judgment important?

The Harvester decision was important as it established the legal principle that Aboriginal Australians could claim native title over traditional land even if it had been converted to a pastoral lease. This decision affirmed the rights of Indigenous peoples to their land and resources under Australian law.

What is the resolution of the last judgment?

The Last Judgment is the belief in many religions that a judgment by God at the end of time will determine the final status of every human being. It is a central theme in Christianity, Islam, and Judaism.

How long can a debt collection agency sue you in Ohio?

In Ohio, the statute of limitations for debt collection lawsuits is six years for most types of debts. After this time period has passed, the debt collector cannot legally sue you to collect the debt.

How do you win a lawsuit for debt collection harassment?

To win a lawsuit for debt collection harassment, you need to gather evidence of the harassment, such as phone recordings or letters. You should also document the dates and times of the harassment. Then, file a complaint with the Consumer Financial Protection Bureau or hire a lawyer to bring a case against the debt collector.

Can you be sued for your husbands debt from before you were married?

In general, you are not responsible for your spouse's debts that were incurred before you were married. However, there may be exceptions depending on the laws in your state and if you live in a community property state where joint assets could be at risk. It is advisable to consult with a legal professional for specific guidance on your situation.

Can debt collectors trespass?

Debt collectors are not allowed to enter your property without permission, so if they do so, they would be violating trespassing laws. However, they can visit your property to attempt to collect a debt as long as they do not enter your home without permission.

What is interlocutory default judgment?

An interlocutory default judgment is a preliminary ruling issued by a court when one party fails to respond or participate in a lawsuit. It is not the final judgment in the case but may be used to move the legal process forward in the absence of the non-responsive party.

Can a creditor sue you after 6 years?

The time limit for a creditor to sue you for a debt is usually defined by the statute of limitations, which varies by state and type of debt. In some cases, creditors may still attempt to collect the debt after the statute of limitations has passed, but you can raise the defense that the debt is time-barred in court. It's recommended to consult with a legal professional for advice on your specific situation.

What are the differences of judgment and knowledge?

Judgment involves forming an opinion or decision based on available information, personal experiences, and beliefs, whereas knowledge refers to the understanding and awareness obtained through learning, study, or experience. Judgment can be subjective and influenced by bias, while knowledge is more objective and based on verifiable facts and information.

What is the time limit for a bill that is 6 years old and just received it?

If a bill is six years old and you are just now getting it, it is likely that it has already gone to a collection agency. It has likely been reported on your credit, and you would probably just suffer in paying it.

Can credit card debt collectors go after your social security check?

Credit card debt collectors typically cannot go after your Social Security check to collect the debt. Social Security benefits are protected from most types of debt collection, including credit card debt, under federal law. However, if you co-mingle Social Security funds with other money that is not protected, it may become harder to prove which funds are exempt.

Is it legal for bill collectors to call you everyday?

Yes. Debt collectors must adhere to the regulations set out in the Fair Debt Collections Practice Act. The collector must call between the hours of 8 a.m. and 9 p.m. in the debtor's time zone. Although there is no set amount of calls that can be made during that time period such contact cannot be continuous (hour after hour) or excessive in such a way that it can be defined as abusive.

Why would one use a debt collection attorney?

You would often contact a debt collection attorney when running a business or service and have people that have refused to pay for services already rendered. A debt collector works within the law in order to collect debts owed to others.

How long can a judgment against be held in NJ?

In New Jersey, a judgment can typically be enforced for up to 20 years. After this period, it may be necessary to renew the judgment for continued enforcement.

Does Illinois allow for judgments to be renewed after 7 years?

The seven year rule usually applies to a credit report entry not the length of a judgment.

In Illinois judgments are usually valid for 20 years with the addition of a new law they can now be revived (renewed) for another 7 after the expiration of the original one. However, the judgment creditor/holder must petition for the renewal before the 20 year time limit expires.

This is one of several reasons why a judgment lien is so damaging to the judgment debtor. Another one being that judgment amounts accrue interest until they are paid.

Is it legal for a debt collection agency to discuss your debt with your landlord?

In general, debt collection agencies are required to follow the Fair Debt Collection Practices Act, which prohibits them from discussing your debt with third parties, such as your landlord, without your permission. If a debt collection agency is sharing information about your debt with your landlord without your authorization, they may be violating the law.

What is the state law on wage garnishment in Kentucky?

Garnishment is a process by which creditors [hospitals, doctors, credit card, loan companies or banks, etc] take a part of your income [dividends, commissions, rent received, wages/tips] in order to pay a debt -- the exception is generally child support received, civil service and military pension benefits, Railroad Retirement, Social Security, SSI [Social Security Disability] and Veterans benefits and only one creditor can garnish at a time.

Your after-tax income is exempt up to 30 times the minimum wage per week. If you earn more, creditors can garnish up to one-fourth (1/4) of the amount over the exemption. For example; Multiply the current minimum wage, $7.25, by 30 [$217.50]. If your after-tax income per week is less than $217.50, your wages can not be garnished. If your income is more than $217.50 but less than $290, the difference, $32.50, can be garnished. If your income is more than $290.00, say $300/week, one-fourth can be garnished [$75.00].

What happens in SA if a person does not pay there debts can they be jailed for it?

In South Africa, a person cannot be jailed solely for failing to repay debts. However, creditors can take legal action to recover the debts through civil court processes, which may result in asset seizure, wage garnishment, or a garnishee order against the debtor's bank account. Non-payment of debts is a civil matter, not a criminal offense.

How many years can a creditor come after you?

The statute of limitations for creditors to pursue a debt varies by state and type of debt, but it typically ranges from 3 to 10 years. After this period, creditors can no longer sue you to collect the debt, though they may still attempt to collect it through other means.

Can you make partial payments to a debt collector and stop a lawsuit?

Partial payments to a debt collector may not necessarily stop a lawsuit, as they can still pursue legal action to recover the remaining amount owed. It's important to communicate with the debt collector to try to negotiate a settlement and potentially prevent a lawsuit. Seek legal advice to understand your options and rights regarding the debt collection process.

Is it illegal for debt collectors to call on Sunday in Oklahoma?

No, debt collectors in Oklahoma are allowed to contact debtors on Sundays, as long as they adhere to the federal Fair Debt Collection Practices Act guidelines, which prohibit calling before 8:00 a.m. or after 9:00 p.m. local time.

How long can a debt collector attempt to collect a debt in Texas?

There is no time limit on how long a creditor/collector can pursue collection action on a debt owed. There are, however, time limits (SOL) on when a collector can initiate a civil suit against the debtor. SOL's are determined by the laws of the debtors state of residence.

Is an individual required to give their birth date to collection agencies?

Yes, providing your birth date to collection agencies is often required to verify your identity and locate the correct person owing the debt. However, you should be cautious and only provide personal information to legitimate collection agencies to avoid potential scams or identity theft.

Is it legal for Practice to add a fee to patienct balance before they send it to a collection agency in the state of Florida?

Yes, it is generally legal for a medical practice in Florida to add a fee to a patient balance before sending it to a collection agency, as long as this practice is clearly outlined in the patient's agreement or consent forms. However, it is important for the practice to comply with state and federal laws regarding debt collection practices and patient billing.

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