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What else can I help you with?
Can a collection agency call you seven days a week?
Yes, there are not consumer laws which disallow a creditor or collector to contact a debtor on weekends or holidays. The FDCPA does state that a collector may not use excessive means that would constitute harassment, or call at unusual hours (before 8 a.m. or after 9 p.m. debtor's time). Determining the violation of such laws is usually made by a judge if the issue becomes one of litigation, or by the state's attorney general office if the debtor files a complaint.
What heppens to depts after 12 month bankrupty?
After 12 months of bankruptcy, the court typically evaluates the debtor's financial situation. If the debtor has complied with the bankruptcy plan and made required payments, they may receive a discharge of certain debts, meaning those debts are eliminated. However, some debts, like student loans and certain taxes, may not be discharged. If the debtor fails to adhere to the bankruptcy plan, the case may be dismissed, leaving them responsible for their debts.
What is bipartite?
credit always involves parties: the debtor who obtains the money, goods or services in exchange of his promise to pay at a future date
Can you be taken to court and sued for the same thing twice even after 7 years they even tried to attach wages but was ruled in your favor as hardship?
It's possible, depending on the type of debt and if the state's SOL is applicable. Generally if it is a valid debt, the debtor can still be sued even though the first suit ended in a hardship dismissal or the debtor was deemed execution proof.
What is the meaning of commercial factoring?
Commercial factoring is when a company purchases invoices and receivables, which are overdue or previously uncollectable, from another company. The purchasing company then makes attempts to collect the debt from the debtor.
How do you collect from a customer who won't pay his bill?
You could contact a collection agency. You probably have to supply the proof of the debt to them. It usually won't cost for you, they will charge the debtor.
How are work commercial collection agency?
The commercial collection agency is used in debt collection in the event a debtor fails to.
How can collection agency get money from debtor when debtor has lived outside of USA for many years and doesn't own any assets in USA although a debtor is a USA citizen how does the law apply here?
The collection agency sues, gets a default judgment if the debtor does not appear, obtains a court order of garnishment of the US citizen's tax refund.
Collection Agencies?
Collection agencies, their practices, and the rights of both their clients and debtors are often very misunderstood. When a collection agency begins the process of collecting against a debt, it is important that the debtor understand their rights, what is expected of them, as well as how the collection process works. Third party collection agencies are a party that have no real interest in the debt, the creditor, or the debtor. The Fair Debt Collection Practices Act highlights the practices and methods that a third party collection agency may or may not use to secure payment against the debt. Collection agencies are allowed to attempt to make phone contact with a debtor between 7am and 9pm local time. A collection agent cannot reveal the nature of their call to anyone who identifies that they are not the debtor. If asked, however, they must provide the company’s name. Many companies will have their agents abbreviate the company name over the phone to help protect privacy. Once in phone contact with the debtor, the collection agent may make payment arrangements against the debt or they may demand payment in full. A third party collection agent cannot speak to the client directly and may speak only to the debtor, their spouse, parent if the debtor is a minor, or power of attorney. If a debtor does not wish for the collection company to continue calling their home phone, cellular phone, or work telephone, they will need to provide a request in writing to the collection agency asking for the calls to that number or combination of numbers to cease. A collection agent is not allowed to use profane or abusive language when speaking to a debtor and must always identify the nature of the call. If a debtor has already filed or plans to file for bankruptcy and the stated debt will be covered in the proceedings, they should notify the collection agent. If the debtor has an attorney for the matter, the collection agent may ask questions to gather information about how to contact the attorney in the matter.
What are your options if you are unable to pay the full debt amount to the collection agency?
Do NOT pay any money to a collection agency.......send your money to the debtor, the person you owe it to. Send it in the form of a check or money order. NEVER PAY A COLLECTION AGENCY
Is it legal for a creditor to send an account to a collection agency after one and a half years without ever notifying the customer that they think a bill is owed?
Yes, the original creditor is not bound by the FDCPA. The collection agency must however inform the debtor that they have thirty days to request confirmation of the debt or to dispute same.
How do you find out who bought your debt?
The collection agency is required to inform the debtor that the account is now under their jurisdiction.
How long does a collection agency have to validate debt?
30 days from the time the debtor requested written confirmation.
How do you find out which collection agencies you owe?
You can get free copies of your credit reports once a year and check them to see what accounts have been placed with collection agencies. You can contact those creditors for the agency information. The debtor need not be concerned about such matters as it is a certainty that the collector/creditor will be in contact with them in one manner or another.
Can a collection agency call your relatives even if they are not on your list of contacts?
A collection agency can call anyone. The Fair Debt Collection Practices Act indicates that they cannot identify themselves as a collection agency to anyone other than the debtor. Other activities that restrict them include: Sending a postcard or an envelope with a designation that indicates it is from a collection agency, contacting the debtor outside of legal accepted hours of business, publish a list of debtors, or advertise a debt. See the following website for the text of the Fair Debt Collection Act: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
Can a collection agency legally demand you tell them where you are getting the money to pay off your debt?
Absolutely not. A collection agency can only demand payment of you. If you think the collection agency with which you're dealing is acting unethically, you should check out the Fair Debt Collection Act. You can file a formal complaint and the agency can be fined. * Legally they cannot "demand" anything, they can request, they can debate, they can negotiate, assuming the debtor wants to spend the time engaging in such, but they cannot "demand". The debtor always has the option of hanging up the phone and refusing to communicate with a collector or creditor, as there is no U.S. law that requires the debtor to do accept nor particpate in collection calls.
Does a debt collection agency have to go to court to collect?
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.
