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 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 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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  • 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 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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  • Q: What are some ways to collect a court-ordered judgment?

    A: Creditors can collect on a court-ordered judgment by garnishing a percentage of the debtor's wages and his bank account, notes FindLaw. Performing a post-judgment discovery, which includes interrogatories and requests for reproduction of financial documents, is allowed by most states so that creditors can begin the collection process. This information allows the creditor to determine the location of the debtor's assets and the source of his income.
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  • Q: What are some famous court cases that involve black farmers who were denied loans?

    A: In 1997, a group of black farmers filed a successful class action lawsuit against the U.S. Department of Agriculture, alleging that it had practiced racial discrimination in denying them loans, according to Grist.com. The court decision in the case of Pigford vs. Glickman is available at FindLaw.com.
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  • Q: How do you respond to a lawsuit for debt collection in Texas?

    A: Defendants served with a debt collection lawsuit should respond by obtaining a consumer lawyer if the debt specified in the case is significant, according to the Law Offices of Robert J. Nahoum. The individual being sued should also compile a short statement addressing each allegation in the complaint.
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  • Q: How long does it take to garnish wages?

    A: The laws for garnishing wages are state-regulated. A creditor seeking to garnish wages must file a lawsuit in the local court system to obtain a judgment against the debtor. If the judgment is granted, the creditor must usually give notice and wait a short period of time, usually around 15 days, from the date of the notice before it can file for a wage garnishment, notes The Law Dictionary.
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  • Q: What are the laws governing debt collection rights for customers?

    A: Laws governing debt collection rights include a debt collector having to validate any debt the collector is attempting to collect, the Federal Trade Commission says. The law also mandates that a debt collector cannot contact a debtor before 8 a.m. or after 9 p.m., and a debt collector cannot contact a debtor at her place of employment if the debtor asks the collector to cease reaching out to her at work.
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  • Q: Where can you find forms for handling your own foreclosure?

    A: State court websites, such as those of the State of Connecticut Judicial Branch and the New York State Unified Court System, typically provide downloadable documents to help people handle their own foreclosures. Each state requires different documents, as the state court websites make clear.
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  • Q: What is the process of being sued for a debt?

    A: The process of a being sued for a debt begins when a creditor files a complaint with the court outlining the reason for the lawsuit and providing the information needed for the defendant to file a response, Nolo explains. The complaint includes the amount the creditor requests in the judgment, including any interest, attorneys fees and court costs. The creditor then serves the defendant with a copy of the complaint and a summons to appear in court.
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  • Q: How do I find out what debts I owe?

    A: The best way to determine one's debt, how much is owed and to whom these debts are owed would be to request a current credit report and credit score, according to CNN Money. Free copies are available of one's credit report from all the major credit bureaus.
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  • Q: How is a default judgment collected in Texas?

    A: Collecting a default judgment in Texas is possible through a garnishment lawsuit, abstracts of judgment or through the debtor's simple payment, according to the Law Office of Tom M. Thomas II. A debtor with a default judgment in Texas can choose to pay the debt owed immediately to avoid facing other legal actions.
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  • Q: How does AllianceOne collect debts?

    A: AllianceOne collects debts through phone contact with the debtor. Once the contact is confirmed, an AllianceOne representative questions the reason for the unpaid debt and creates a payment plan to pay off the debt.
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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: What is the statute of limitations on judgements?

    A: The statute of limitations for collecting on judgments varies from state to state. While a judgement drops off of a credit report after seven years, the amount of time to collect on that judgment may well exceed seven years.
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  • Q: How can you make online court payments?

    A: Since each state's court system is different, the method of making online court payments varies by location, court and type of offense. If a state accepts online court payments, detailed information is available on that jurisdiction's website, as evidenced by the web portal for the Unified Judicial System of Pennsylvania.
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  • Q: What is an LVNV Funding lawsuit?

    A: An LVNV Funding lawsuit is a debt collection legal case filed by LVNV Funding, LLC against a debtor. In an LVNV Funding lawsuit, the burden of proof lies with LVNV Funding, LLC to show beyond a reasonable doubt that the accused owes the debt that the company is suing on, notes NahoumLaw.com.
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  • Q: What is the Fair Debt Collection Act?

    A: The Fair Debt Collection Act is a federal law that prohibits debt collectors from using deceptive and unfair practices to collect a debt, explains the Federal Trade Commission. A debt collector is someone who regularly collects debts that are owed by individuals and businesses.
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  • Q: Can the American Debt Foundation get consumers out of debt?

    A: The American Debt Foundation cannot get consumers out of debt because the company is already out of business as of 2015, according to the Better Business Bureau. The company was not BBB accredited, and it received a BBB rating of F, which is the lowest rating on the scale.
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  • Q: What is the difference between Chapter 7 and Chapter 13 bankruptcy?

    A: Chapter 7 is described as basic bankruptcy in that it permits the liquidation of all debts, according to Cornell University Law School. Chapter 13 allows individuals to enter a payment plan to pay off their debts over time.
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