Have been put out for collection by HOA over a automatic payment that did not process. HOA sent all correspondence to an old address even tho they had a document saying that all correspondence was to go to the new address. 204 dollars has turned into problem with damage to credit because of no... Read more »
While an attorney will have to review the details of your situation, it sounds like you have a viable claim to challenge the collection actions and credit reporting of the alleged debt. Federal and state laws protect consumers from wrongful collection and credit reporting practices.
Generally, if a creditor files suit against you and you do not respond, they can obtain a default judgment against you. Once the creditor has the judgment, they can use it to freeze your bank account, garnish your wages, or execute the judgment against property you own.
They probably could still garnish your wages eventually, but it may be a longer process. To garnish wages on a credit card debt, the creditor would first need to sue you and acquire a judgment against you. If the judgment is in Texas, the creditor would then need to apply for local enforcement of...Read more »
Once you file bankruptcy and you have served notice of the bankruptcy on your creditors, they should not contact you outside of the bankruptcy proceedings to collect the debt. The bankruptcy creates an "automatic stay" that should protect you from collection activity. Continued collection...Read more »
Wage garnishments are difficult to challenge once they have begun, however, you may have options if there was anything improper about the collection process or institution of the garnishment. State and federal laws protect consumers from unfair collection practices and it may be worth speaking with...Read more »
Generally, the limitations period for suing someone on a promissory note is five years. This means the creditor may have lost the legal right to enforce the alleged debt.The details of your situation, however, may change whether or not the debt is still legally enforceable.
I defaulted on a loan but have paid the creditor back. In the initial onslaught of the default the creditor called my job every hour on the hour for a week. They threatened to show up there and discussed my defaulted loan with whomever answered the calls. At the time I was out of state at a... Read more »
You likely have a case against the creditor based on the actions you described and may be able to recover your lost wages.Small claims court, however, may not be the best venue for your claims. There are both state and federal laws that may be in play here and a consumer attorney will provide you...Read more »
You likely can still dispute the bill and may have defenses to collection of the alleged debt. If you are being contacted by debt collectors, there are federal and state laws that provide dispute rights and protection from unfair collection practices.
You may have a cause of action depending on a few factors:
1) who is reporting the inaccurate information? If the company qualifies as a credit reporting agency, you may have a right of action under the Fair Credit Reporting Act. If not, other laws may protect you.
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