Debt Collection

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.

The statute of limitations for debt collection lawsuits varies by state, typically ranging from 3 to 10 years. After this time, the debt may be considered "time-barred" and a debt collector may not be able to successfully sue you for it. It's essential to check the statute of limitations in your state and seek legal advice if necessary.

Creditors have the legal option to sue a debtor for default in financial contracts in Texas and every other U.S. state. However, Texas has a rather unusual statute which does not allow a judgment creditor to garnish the judgment debtor's wages unless there are no other options for collecting the debt.

A judgment creditor can, levy a bank account, place a lien on real property, request liquidation of non exempt property, such as stocks, bonds, etc. owned by the judgment debtor.

Yes, a creditor/collection agency must obtain a writ of judgment from the civil court in the state where the debtor resides before any action can be taken against the debtor's property. The debtor will receive a final notice of judgment and be given a specified time to claim all exempted property from judgment action.

Yes, unsecured creditors can sue debtors in Pennsylvania to recover debts owed to them. The creditor can file a lawsuit in the appropriate court to seek a judgment against the debtor. If successful, the court may order wage garnishment, bank account levies, or other mechanisms to collect the debt.

You may be confusing foreclosure with bankruptcy. In states that require a court action before foreclosure, you will get the notice with the court's docket number and can respond appropriately.

In states that rely on open and public seizure, there may be no legal action, so no docket number. Someone from the mortgagee will show up and walk on your property and declare it has been seized. Usually, the mortgagee has to publish its intent to seize in a local newspaper.

Some states require the mortgagee to file an action to determine that the debtor(s) is (are) not on active duty in the military. The debtor(s) get notice of that, with the docket number. If no debtor is on active duty, there is nothing s/he can do to respond.

you need to put on your communication and negotiation hat, because if you talk with your mortgage lender and you may ask for 30. 60 or even 90 days just depending on the banks. if you keep quiet you may only have 3 - 5 days to get out.

The duties of a debtor in obligation to give a determinate thing include delivering the specific item agreed upon, ensuring the item is in the condition or quality as specified in the contract, and performing the delivery at the agreed time and place. If the debtor fails to fulfill these duties, the creditor may seek legal remedies for breach of contract.

In the United States, the statute of limitations on collecting a debt varies by state but typically ranges from 3 to 10 years. After this period, the creditor may no longer legally sue you for the debt, but they can still attempt to collect it through other means like contacting you for payment. It's important to check your state's specific laws on debt collection for accurate information.

A creditor may file for a judgment after the contract has been defaulted (some element of the debt contract has been broken by the debtor). Typically, under US federal law (FFDCPA), creditors may file for judgment up to seven years from the date the debt was initiated, or the date of last payment, whichever is latest.

Say for instance the contract was signed 1 January 2000 and no payment was ever made, the creditor may file for judgment until 31 December 2007. If however the debtor made a payment on 30 December 2007, the creditor has until 31 December 2014.

Essentially, one cent. The only possible minimum is determined by the lowest denomination of currency. The lowest practical amount is more likely two to three times the cost, but then costs and fees are transferred to the debtor in most cases.

By the Fair Debt Collections Practices Act, the creditor may collect for ten years from the date of judgment or last payment, which ever is latest. That means if you received service (bought something) on 1 January 2010, failed to pay on it, and the creditor obtained the judgment on 1 December 2010, they may continue collection, garnishment, until 1 December 2020, provided they received nothing each time they attempted garnishment. If they received as little as one cent, the time resets each time they receive payment. Your best course of action is to pay the balance in full as soon as possible.

Since your HOA fees are separate from your mortgage and you have to keep up, you need to show up with some kind of arrangements to pay the fees. Otherwise a bench warrant will be issued. This is the reason to stay away from Homeowners Associations. They are buried in with Protective Covenants that can foreclose on any house they choose if one of any Covenant rules are broken, though most are not followed. The association is part of that covenant.

A debt collector must read the Mini Miranda statement in all states of the U.S. as it is a federal requirement under the Fair Debt Collection Practices Act (FDCPA). This statement must be included during the initial communication with the debtor and must include key information such as the debt collector's identity and the purpose of the communication.

Of course you can, if you have a legitimate reason to bring suit against the person. The fact that you owe the person money doesn't change that. However, you had better be sure that the reason for the suit is real, or you will have more trouble on your hands than just owing someone money.

Yes, they can sue you for a 100 year old account, BUT they cannot collect on it or obtain a judgment if the statute of limitations has expired. If seven years have passed since the last payment was made, the debt is no longer recoverable.

They get a default judgment and don't have to argue their case. Even if a person will lose, it's best if they show up and fight it. A judge is less likely to award everything a collection agency is asking for if the person in question shows up and challenges the agency (who will be asking for attorney fees and interest fees that are astronomical). It also helps to show up as collection agencies are not looking to have a long, drawn out court battle with you - they just want their money. If you show up, they will do their best to settle with you. But, they also know that 98% of people never show up so they just get a default judgment. Once they have a judgment, they have the law on their side and can force you to give up the money through wage garnishment and other sorts of unfavorable means. If you are being sued, show up!

Probably no. Each state has it's own debt collection statutes of limitations.

Passing the collection date does not mean you are not owing, and your credit

score will reflect that you defaulted. If you owe fines, child support, etc. that

won't help get out of those.

Refuse to be contacted further even if your debt is "uncollectible", and do not

pay anything back or arrange for making payments which they will try coaxing

you into doing, using threats to bring legal action to scare you. As long as

you are beyond the expiration date you have nothing to worry about, except

keeping them off your phone and sending threatening looking, or disguised

past-due debt notices. Notify your state to be on its "no calls" list.

Yes, outstanding debts to a hospital in the US can be traced back to you through billing information, insurance records, and your personal information provided during treatment. It is important to address any outstanding medical bills to avoid potential financial and legal consequences.

In Texas, a joint property can still be seized for a judgment against one spouse, even if the other spouse signed a quit claim deed before the judgment. This is because Texas is a community property state, and joint assets are generally considered to be owned equally by both spouses regardless of individual financial obligations or actions such as signing a quit claim deed.

A cease and desist letter typically does not have a set expiration date. It remains in effect until the recipient complies with the demands outlined in the letter. If the recipient continues the behavior after receiving the letter, legal action may be pursued.

Yes, a creditor can sue against an inheritance to recover debts owed by the deceased person. In some cases, the creditor may be able to access funds or assets received through inheritance to settle outstanding debts. However, the specific laws and procedures regarding creditors' rights in regards to inheritance can vary by jurisdiction.

yes. they must first file suit and serve you a summons giving you 21 days to respond. After that, if you do not respond they will serve a summons with a court date. If you do not show up, a bench warrant will be issued.

Not before 8:00 a.m. and not after 9:00 p.m. as regulated by the time zone in which the debtor resides.

A debt collector may attempt to contact the debtor 7 days a week between the aforementioned times, including official holidays.

To obtain proof that a judgment has been satisfied, you can request a satisfaction of judgment document from the court that issued the judgment. This document will show that the judgment has been paid in full or otherwise satisfied. You may need to provide this document to credit reporting agencies or other entities to update your records.