Debt Law

A:

A debt collector can call a person at work unless they have been told verbally or in writing that the debtor cannot take calls at work. However, the Federal Trade Commission protects consumers against bullying or calling at inappropriate times by bill collectors.

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  • What is life like after bankruptcy?

    Q: What is life like after bankruptcy?

    A: Life after bankruptcy includes a new financial beginning and some challenges. Bankruptcy stays on a credit report for 10 years, which limits credit options, according to Bankrate. Lenders sometimes view individuals who filed bankruptcy as too risky because some past debts were written off. As a result, individuals who filed bankruptcy may not be issued a credit card for some time.
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  • What happens to debt when a person moves out of the country?

    Q: What happens to debt when a person moves out of the country?

    A: The results of moving out of the United States and leaving debt behind vary from lawsuits filed on behalf of the debt holder to poor credit for the debtor. Depending on the length of time out of the country, there may be no result.
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  • What happens during bankruptcy?

    Q: What happens during bankruptcy?

    A: Although an individual can file for a Chapter 7 bankruptcy or a Chapter 13 bankruptcy, both types involve the same four steps, according to Money Crashers. These steps include providing a financial inventory, receiving credit counseling, attending a creditors' meeting and completing post-bankruptcy credit counseling. Most bankruptcy cases are handled through paperwork rather than court attendance.
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  • What is a good bankruptcy score?

    Q: What is a good bankruptcy score?

    A: The lower a bankruptcy risk score, the better. According to Bankrate, bankruptcy risk scores range from negative numbers to 2,000. While these scores are hidden from consumers, businesses use them to decide whether to extend credit to a customer.
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  • Q: What is Macey Bankruptcy Law?

    A: Macey Bankruptcy Law merged with Jacoby & Meyers in 2012 to create Jacoby & Meyers Bankruptcy. Reuters records that the merged company went bankrupt in 2014. MBL previously did business as Legal Helpers, according to the Better Business Bureau.
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  • Has my bankruptcy been discharged?

    Q: Has my bankruptcy been discharged?

    A: The debtor in a bankruptcy case receives a notice of a discharge by mail once the discharge is completed, according to the United States Courts. The timing of the discharge depends on the type of bankruptcy case. Individual chapter 7 bankruptcies are usually discharged four months after the petition is filed with the clerk. Individual chapter 11, 12 and 13 bankruptcy cases are usually discharged after debtor payments are completed.
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  • Q: What is the statute of limitations in regards to debt collection?

    A: Debt collection statutes of limitations vary by state, the Consumer Financial Protection Bureau notes. Companies can attempt to collect a debt indefinitely, but they cannot sue debtors to collect debts for which the statute of limitations has expired, the Federal Trade Commission notes.
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  • Can bill collectors call you at work?

    Q: Can bill collectors call you at work?

    A: A debt collector can call a person at work unless they have been told verbally or in writing that the debtor cannot take calls at work. However, the Federal Trade Commission protects consumers against bullying or calling at inappropriate times by bill collectors.
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  • Q: How do you remove a tax lien?

    A: To remove a tax lien, first pay the outstanding lien, and then ask the credit bureaus to expunge the lien from the public records, advises Chron. However, the credit bureaus have the discretion to remove or not to remove the lien from the public records.
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  • Q: What are the differences between Chapter 13 and Chapter 7 bankruptcy?

    A: Differences between Chapter 13 and Chapter 7 bankruptcy include the income level of people eligible for each type of bankruptcy and the amount of time it takes to file for each, according to FindLaw. Only people whose income does not exceed a certain level can file for Chapter 7 bankruptcy.
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  • Q: How can you get debt relief through CareOne?

    A: CareOne offers debt relief by developing debt management plans and settlement agreements between debtors and creditors designed to restructure or resolve unsecured debt, notes CareOne Credit Counseling. Credit counselors are instrumental in negotiating with creditors depending on a debtor’s specific financial circumstances.
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  • Q: What is the statute of limitations in Florida on collecting past due accounts?

    A: The statute of limitations for collecting debt in Florida is four years for oral contracts or open-ended accounts. For written contracts or promissory notes, the statute of limitations is five years.
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  • Q: What are the repossession laws in Missouri?

    A: Car lenders in Missouri can repossess a car, try to sell it and then collect the difference between the sale price and remaining loan balance, according to Nolo. Lenders can repossess a car without a court order in Missouri, notes attorney Douglas B. Breyfogle.
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  • Q: Is there a way to stop debt settlement legal letters from being sent to employer?

    A: To stop debt-settlement legal letters from being sent to an employer, the person must make that request in writing to the collection agency sending the letters, notes Credit.com. By law, once the request is made to stop settlement and collection letters from being sent, the collector must abide by that request. The debtor can also advise the debt collector by phone that he wishes communication with the employer to cease.
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  • Q: What are your legal rights when a car is repossessed?

    A: The rights of a borrower when his car is repossessed include the right to know if the car is going to be sold at a public auction, depending on state law, the Federal Trade Commission says. Depending on state law, the creditor must advise the borrower of the plans for the car after repossession. Some states say the borrower must be told when the car was privately sold. Some states also have laws that allow borrowers to reinstate their loans.
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  • Q: How do you report a cancellation of debt to the IRS?

    A: Cancellation of debt is reported to the IRS on Form 1099-C, according to Connie Prater and Fred Williams for CreditCards.com. The IRS considers a cancelled debt as income, and a 1099-C is provided to the debtor and the IRS. The amount is reported on the Other Income line of the form, notes TurboTax.
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  • Q: What are the repossession laws in Oklahoma?

    A: According to the Oklahoma law office of Mitchell and Hammond, if an individual in Oklahoma leases or purchases an item on credit and fails to make the agreed upon payments, creditors have the right to seek legal action for repossession of the items. Typically repossessions occur with motor vehicles, but creditors in Oklahoma have the legal right to repossess any purchased or leased item. It is possible for repossessions to occur at any time.
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  • Q: Where can you find answers to common questions about bankruptcy?

    A: As of June 2015, answers to common questions about bankruptcy are the website of the U.S. Bankruptcy Court Southern District of New York. The site's Filing Without an Attorney page has a link to a PDF from the New York City Bankruptcy Assistance Project.
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  • Q: How do I file a lien against an individual?

    A: To file a lien against an individual, file a lawsuit in the appropriate court, according to Ciele Edwards of Demand Media. If the suit is successful, the court issues a judgment, which is then used to attach a lien to property owned by the judgment debtor.
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  • Q: Where can you find wage garnishment rules for different states?

    A: Wage garnishment rules vary by state and are located at Fair-Debt-Collection.com. All states allow wage garnishment for child support, alimony, taxes and federal student loans, according to Fair-Debt-Collection.com. Links for all 50 states are listed alphabetically and provide quick access to information on individual states.
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  • Q: Is it possible to file for bankruptcy for free?

    A: Filers may be able to file for bankruptcy without any fees by either foregoing a lawyer or obtaining free legal help and by receiving a court waiver for the filing fees, according to the United States Courts website. Filers can view a full list of bankruptcy fees on the U.S. Courts Bankruptcy Court Fees webpage.
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