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Debt Collector

Date: Mon, 05/03/2010 - 09:36

Submitted by Stephen Booser
on Mon, 05/03/2010 - 09:36

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Total Replies: 10


What legal actions may a debt collector (as defined in the FDCPA) take?


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.


lrhall41

Submitted by OVLG Attorney on Mon, 05/03/2010 - 09:49

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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.


lrhall41

Submitted by SOAPLADY on Mon, 05/03/2010 - 11:22

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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!


lrhall41

Submitted by Frogpatch on Mon, 05/03/2010 - 12:28

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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"


lrhall41

Submitted by SOAPLADY on Mon, 05/03/2010 - 12:40

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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.


lrhall41

Submitted by Sara Parez on Mon, 05/03/2010 - 13:07

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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.


lrhall41

Submitted by OVLG Attorney on Mon, 05/03/2010 - 14:25

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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


lrhall41

Submitted by Frogpatch on Mon, 05/03/2010 - 16:10

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