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Utah Collections Questions & Answers

1 Answer | Asked in Business Law, Collections and Consumer Law for Utah on

Q: How many calls and texts from a company does it go to harassment? This company will call and text up to 4 or more times.

Wesley Winsor answered on Aug 1, 2017

I can only assume that you are talking about debt collection. If that is the case, then here is some information, section 806(3) of the Fair debt collection practices act states:

3. Multiple contacts with consumer. A debt collector may not engage in repeated personal contacts with a...
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1 Answer | Asked in Collections for Utah on

Q: Can I file a request to work with the landlord/apartment complex only and not their collection attorney?

Had a default judgement against me for rent owed after eviction. Hearing is set to answer questions about my assets. I want to settle the debt w/the apartment complex, not their collection attorney. Does the FDCPA cover this issue and allow me to submit in writing that I will only deal w/the... Read more »

Jefferson S Cannon answered on Sep 3, 2015

You cannot obligate the creditor to not use an attorney. It is one of their rights. The attorney office will handle the collection of the debt unless the client decides to withdraw the file.

1 Answer | Asked in Collections for Utah on

Q: Should I take this to court or sign a stiputlation of judgement

I have been summoned on an outstanding debt. The summons references an agreement but does not include it as an exhibit. The debt was purchased from HSBC and I do not have any details on that transaction either. If I file an answer that denies all the complaint, can the plantiff come up with more... Read more »

Jefferson S Cannon answered on Aug 31, 2015

Yes the Plaintiff would have an opportunity to bring in the agreement at a later date. With this being said, if you want to settle the debt, you should contact the attorney's office and make a settlement offer. Most Plaintiff's/Creditors are more than willing to try and work out settlement... Read more »

1 Answer | Asked in Collections for Utah on

Q: Can a civil judgement be put on you when no attempt to contact was ever done?

I received a notice of garnishment of wages from my employer about a debt that is six plus years old. No attempt to contact me was ever made but the court went ahead and gave the attorney who is doing the collections everything they requested. What can I do?

Jefferson S Cannon answered on Aug 31, 2015

Hard to say from the facts presented but if they have a valid judgment then the Plaintiff in the action is entitled to the garnishment.

1 Answer | Asked in Collections for Utah on

Q: Collection attorney says Statute of Lim. for credit card is 6 years here in Utah. What is their basis for this?

Jefferson S Cannon answered on Aug 31, 2015

UCA 78B-2-309 - Any action founded upon an instrument in writing is subject to a six year limitations period. I hear this argument often in court and the courts almost always hold up the 6 year limitations period. Once in a while there is an intervening factor that can change things but not too... Read more »

1 Answer | Asked in Collections for Utah on

Q: If I go into a payday loan say I want to pay a loan off can they tell me how much that person owes without ID

Jefferson S Cannon answered on Aug 31, 2015

No, they can't disclose any information without a release from the individual. There may be some ways around that without disclosing information but it's a fine line.

1 Answer | Asked in Collections for Utah on

Q: In Utah can both spouses wages be garnished simultaneously from separate actions for garnishment?

My wife's check is currently being garnished by the Utah State Government. Can the US Government garnish the wages of me, a husband but under one household, in simultaneous actions?

Jefferson S Cannon answered on Aug 31, 2015

The short answer is yes. You can try to fight the amounts your employer is paying but its an uphill battle.

1 Answer | Asked in Collections for Utah on

Q: Can I file a Lien

My company won a Judgement for $ but the Defendant is not paying and is now filing an appeal. Can I file a lien in the meantime?

Jefferson S Cannon answered on Aug 31, 2015

Yes you can file a lien but if you do and the judgment is determined invalid on appeal, you may have more problems to deal with for filing the lien.

1 Answer | Asked in Collections for Utah on

Q: If my spouse passes away and he has co-signed on loans for family members am I liable?

I have also heard that you can post a notice in the newspaper that you are not responsible for your spouses debt. Does this remove any liability for myself?

Jefferson S Cannon answered on Aug 31, 2015

There could be an argument for liability but right now most creditors are not attempting to pursue family members for debts of deceased persons. A posting in the newspaper would have no effect whatsoever.

1 Answer | Asked in Collections for Utah on

Q: I work for an online lender sending email templates preapproved by our corporate legal dept. Can I personally be sued?

The email tells the pre-charge off customers the company is considering obtaining counsel for creditors' rights and asks the customer to contact us to make mutually acceptable arrangements. I do not alter the form email in any way. It has my name as the sender. A customer who has been in... Read more »

Jefferson S Cannon answered on Aug 31, 2015

Unfortunately the legal collections climate allows consumers to make counterclaim and file law suits against any collector. Now, the law suit and/or counterclaim may be bogus but there is very little detriment for someone filing a frivolous lawsuit to try and get out of debt. So yes you could be... Read more »

1 Answer | Asked in Collections for Utah on

Q: I received a summons for an upaid medical bill. The bill is less than $1500. What are my options?

Rachel Lea Hunter answered on Apr 18, 2013

Try to settle for 50% or as little as possible if you have the funds to pay in a lump sum. If you do not have the funds, then see if the lawyer for the hospital will put you on the "easy payment plan" and let you pay $100 a month until the debt is repaid.

Of course, this assumes this is...
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