Can Collection Agencies Keep Calling Me About A Debt That No Longer Is Legally Enforceable?

Collection Calls In Which Bankruptcy Had Not Been Filed. Debts That Are Beyond The Statute Of Limitations: Assuming you have not filed for bankruptcy and the statute of limitations is expired on your debt, the creditor is legally prevented from bringing a legal action against you to recover the debt. The debt is considered time-barred by the statute of limitations. Note however, some states have Read more…

Collections Agencies Notoriously Careless

Collection Agencies Are No Mental Giants Collection agencies are notoriously careless in filling out their legal paperwork. This is because collection agencies sue in large volume and expect to win by default, which is unfortunately what usually happens. The debtor is usually in despair ignores the lawsuit and folds. This is why it’s so important Read more…

What Happens If The Collection Agency Can’t Prove Their Claims 

Collection Agency Carries Burden Of Proving Their Claims Since the Creditor- Plaintiff carries the burden of proof go prove each and every element of their claim, failure to offer sufficient evidence to prove the debt, will defeat their claims. You win! Got The Evidence? Knowledge is power and nowhere is this truer then in debt Read more…

Responding To Collection Agency Service Of Summons And Complaint

Proper Service Of Summons Complaint – Possible Responses In most states, once you are properly served, under statute, you will have a specific time period in which to file and serve your written response. In most cases, the written response is called the “Answer”. In many states, the time in which you must file your Read more…

What Is Wage Garnishment – Q & A

Wage Garnishment Wage garnishment is the situation in which a court officially orders your employer to withhold a percentage of your pay and  orders that it to be sent directly to the person or entity to whom you legally owe the money. In most states, the employer actually sends the garnished amount to law enforcement who then sends it off to Read more…

Repossession Of Personal Property

Creditor Repossession  One of the most unpleasant consequences of failing to pay your bills is “repossession” of the product you purchased on credit.  You do have some legal protection concerning repossession, but not much. Can a creditor repossess my car or furniture? Yes, if you don’t pay your bills on a “secured debt” which may be Read more…

Debt Collection – Unlawful Practices

UNFAIR DEBT COLLECTION PRACTICES Both state and federal laws protect consumers from unfair debt collection practices. Debt collection by telephone A debt collector may contact you by phone only at convenient times – that is generally interpreted to mean between 8:00 a.m. and 9:00 p.m. Debt collection by mail Your financial affairs are private. A Read more…