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Is it legal for a judge to continue a hearing if the collection company has not validated the debt?
Yes. The issue of the collection agency not having validated the debt would play a part in the debtor's defense; a weak defense but better than none.
What can you do if a debt collector is calling about a delinquent debt from six or seven years ago?
Send a written request asking that the debt be validated, if you have any doubts it is legitimate. Check to see how the SOL for the type of debt and the laws of your state apply. It could be the debt is no longer collectible...don't count on it though.
Can debt collectors collect on a debt after it has been charged off?
AnswerThe term "charge off" indicates the original creditor has removed the debt from their balance sheet as uncollectible from the borrower. This is misleading however, as the debt may remain it must be validated according to the FDCPA should it come back in some other type of collection activity and subject to collection by means of an agency working for the OC or a third party that purchases the account. Also be aware that there are times that the debt is also used as a tax loss by a creditor then cannot be collected at a later time as the collector would then obtain unjust enrichment by obtaining two bites from the same apple. To determine this would require due inquiry by a process to validate and verify the debt. Remember no debt is not to be deemed valid unless validated and verified. It is surprising how many debt collectors do not have the original documentation that can actually be used in a court of law for collection purposes. Many of the debts must be wiped off your credit report if it cannot be lawfully validated and verified. If the debt cannot not verified and validated by the debt collector and the collector continues collection activity you may have grounds to sue the creditor and possibly the credit reporting agency pursuant to the Fair debt Collection Practices Act.
Is interest on Georgia state debt exempt from taxation?
Yes. Faith and credit of state pledged debt may be validated. The full faith, credit, and taxing power of the state are hereby pledged to the payment of all public debt incurred under this article and all such debt and the interest on the debt shall be exempt from taxation.
When can a MO resident be imprisoned for debt?
they cant
Can a credit card company issue a summons for unpaid debt or can a credit card company retain services of an attorney and sue for unpaid debt?
sure they can but they cant collect or that is what happens in texas they can get an injunction against you but that means you have to pay them but not when Absolutely. You own them the money and they can hire an attorney or sell the debt to a collection agency.
How old does debt have to be to bankrupt it?
you cant put a debt in your bankruptcy that is less than 6 months old.
If you die what happens to your debt?
family
Where can you find a sample letter to send to a creditor regarding the validity of a debt?
The consumer need not worry about legalities when requesting a debt be validated. Samples of several type of dispute and validation letters can be found at http://www.debt-n-credit-letters.com
What if i cant pay my catalog debt?
ring them up and explain.
What do you do if a collection agency continues to try to collect a debt that you do not owe?
A collection is required to notify the person of their right to have the debt validated. If you did not request a confirmation within the specified time (30 days) the debt is presumed valid and collectible. You will need to present proof that this is not your debt, such as cancelled check showing it was paid. Or whatever possible to substantiate your claim. When receiving a debt notification the consumer should ALWAYS request validation.
What happens when parents die and their debt is more than the assets by over 60000 in credit card debt and is this debt cancelled?
the debt dies with them... you owe nothing
