Debt Collector
Date: Mon, 05/03/2010 - 09:36
What actions a debt collector can take depends on the facts and
What actions a debt collector can take depends on the facts and what the law in your jurisdiction says. Every debt collector has the right to take a delinquent debtor to court to try and collect the money owed, typically by getting a judgment lien and/or a court order allowing them to garnish your wages if your state law allows garnishment. No one can send you to jail for not paying your debts. I hope this answers your question.
A debt collector working for a CA as a general rule CANNOT take
A debt collector working for a CA as a general rule CANNOT take ANY legal action....they are not attorneys and are not authorized to do so. They may "recommend" but even that is being grey... Even a collector working for a law firm cannot sue or threaten to do so unless he has the means or the intent to do so.
Some of them can and will sue! I got sued and so did my wife! Ho
Some of them can and will sue! I got sued and so did my wife! However it was by a law firm that was the collector! I read about collectors suing on here all the time but many of their suits are fake and never filed! You have to be careful who you are dealing with and what their capabilities are! Generally speaking, as Soaplady says, a third party collector won't bring a suit! But they sometimes do!
A collector does not have the capacity to file suit...they are n
A collector does not have the capacity to file suit...they are not attornies. 99% of all collectors out there sit at a desk and never leave the office. No means or capicity to suit and threatening to do so is illegal. Those working for as law firm, well their firm may sue, but the collector personally? No way. They cannot say "I will sue you"
If you are not making any payments to your creditors,then they w
If you are not making any payments to your creditors,then they will call you anytime to get their money.But according to (FDCPA)law they cannot call your friends,family or employer.If they do so in that case you can send them cease and desist letter,which instruct them only to communicate you.
If you are not paying them for a long period, in worst scenario they might take you to the civil court and file a judgment against you and through this they can garnish your wages.But they cannot arrest you for not making any payments because debts is not considered as crime in U.S.Laws depends on states so I will suggest you to first check the laws of your state.
Sorry sara, but that is not what the FDCPA says. They may call
Sorry sara, but that is not what the FDCPA says. They may call anyone they want but they may not disclose the debt. They may call for location information only.
If you went with a debt settlement company with an attorney on s
If you went with a debt settlement company with an attorney on staff Cease & Desist letters could be issued to the collection agency to get the calls to stop. If you have any further questions please feel free to email me at DELETED PER TOS _ Frogpatch
As per my knowledge, if the client does not want any creditor to
As per my knowledge, if the client does not want any creditor to contact any one apart from him then then they cannot.It can only happen on those scenarios where the client has given the permission.
They cannot call your employer IF you tell them that your employ
They cannot call your employer IF you tell them that your employer does not permit personal calls at work, under the FDCPA. A debt collection company does have the right to file suit to collect a debt. Most debt collection companies have lawyers on staff or they have a firm on retainer to handle legal issues. If a debt collector (the company) sues then the company will be the plaintiffs not their lawyers.
Soaplady, you are apparently misinformed! Anyone who is owed mon
Soaplady, you are apparently misinformed! Anyone who is owed money can file a suit! For that matter anyone can sue anyone for anything! It does not mean they will win or if their suit even has merit. A collector under the FDCPA cannot threaten a suit if he or she has no intention of following through with it or the ability to do so! Most debt collectors that have attorneys working with them will not threaten a suit! They will simply try to work out a settlement and if, in a given amount of time, nothing is resolved the suit will be filed without forwarning! BTDT