What would you like to do?
Answer There is no cut-and-dry answer to this question. Statute of limitations (SOL) is established by state law and varies according to account type. The SOL f…or a credit card may be set by the state in which the consumer resides, or may be set by the state's laws which govern the contract. Many credit card issuers write card holder agreements under laws which favor them, like South Dakota and North Carolina. There are also different statutes for written contracts, promissory notes and verbal agreements. If your aim is to find out the SOL which applies in a specific case, you would need to research the state and contract type.
The statute of limitations of unpaid debt is the time period that a creditor has to collect a debt. When the time period has passed, the creditor can no longer sue you for… the unpaid debt. The time is set in each state and can vary from three to 10 years.
Answer The best option is to retain legal counsel or at least legal advice. In lieu of such, respond to the summons with the defense that …the debt is not yours. If the suit is not dismissed the person named as defendant should appear at the court date with the documents proving that the debt is invalid. Failure to appear at the scheduled hearing time will result in the plaintiff being awarded a judgment against the creditor.
What action can be taken if a debt collection agency sued you and default judgment was passed for an unpaid debt if you are temporarily out of the country for a 1 year assignment?
A motion or application for an order vacating or setting aside the judgment may be made if service of the complaint had not been made properly. Before a judgment can be entere…d against a debtor, the complaint must be served on the debtor personally or sometimes if the court allows, by certified mail. If the debtor was not served with the complaint because he was out of the country and if he did not know about the lawsuit, the judgment entered would be void. But because the judgment is on the public record as a judgment, the debtor has to ask the court to set it aside. If the court agrees that the judgment should be set aside, it will enter an order vacating the judgment , but it will also reinstate the case as if it were just filed. By filing the motion to vacate the judgment, the debtor has automatically acknowledged service of the complaint, so there is no longer a need for the plaintiff to serve it and the case will start again. In addition to this, a debtor in that situation should also review very carefully the documents the collection agency filed in order to prove to the court that the debtor was properly served. If that "proof" was falsified, the agency could be in violation of state and federal debt collection laws, perjury laws and contempt of court rules.
Yes, a person who defaults on a contract or agreement and owes money to a business or an individual can be sued in civil court regardless of the amount of the debt.
It depends on the state and how the debt is documented. Oral debts are usually the shortest. Written and Promissory Notes are the longest. Open Accounts such as credit cards v…ary.
You can file bankrupcy and still keep what you want to pay for. This stops the harrasement and keeps them from taking everything you own.
complicated question. you will probably be turned over to collection agency and they will call you day and night. if you don't have the money, what can they do? …nothing. however, if you get sick again - then what ?? go to the hospital again and ... uh oh, bad credit and past due bills on your record - sorry - you didn't pay last time - we can't help you this time. don't pay - just don't get sick again.
Yes, Absolutely! I was and a judgment was AWARDED against me. Now in order to protect my paycheck, I have to make payment arrangements or risk garnishment of my checking accou…nt. HERE IS SOUND ADVICE - Make payment arrangements and make the payments as agreed. But only if the it occurred within the statute of limitations which varies by state. If the statute of limitations has past they are out of time, but if you make payment arrangements you may actually reaffirm the debt and then you would have to pay. I was out of work about 10 years ago had some bills which I would never be able to pay, when I finally got back working I was making just above minimum wage and it took almost 4 years to get back to where I was financially. The statute of limitation was past in my state so they call me from time to time, but they can't collect and they can't put it back on my report so long as I don't reaffirm the debt by making a payment arrangement. My advice is if you are in a bind to contact legal aide if you qualify or an attorney for advice for your state.
YES always yes. If you don't answer they will receive a default judgment and you will not have a chance to defend yourself. if you do answer you will get a court date and …have a chance to defend yourself. Here's the kicker: Whether or not you answer, you will receive a judgment. If you answer you will go through the court process and obtain a Judgment. If you don't answer you will receive a Default Judgment. Remember, the judge isn't there to tell you you're a bad person, or you need to pay $2,000 a month OR ELSE!!! A judge is just there to determine whether you owe the money or not. 99.99% of the time the judgment will result in favor of the plaintiff, and you owe the money. It doesn't matter how good an attorney you have, the fact is the money is owed. By answering you buy yourself time to negotiate with the creditor/attorney while the court proceedings happen. Typically you get an extra 3 months to a year to resolve the debt before a judgment. Once you get a judgment creditor can bank levy your accounts, garnish your pay (in 45 of the 50 states, the rest of you are lucky), or place a lien on your home (which goes away if you settle or pay off the debt)
Absolutely ! If you've borrowed money against your wages, and default on payments, the finance company can (and will) take you to court to recover their loan. This will result… in their debt being taken directly from your wages - plus the cost of the court action !
You could possibly go to jail and or prison. Sorry IF this question is an actuality for you. :(
Yes, you can be sued for the original debt, minus any money the creditor received during the 13 plan.
If you anyone money, you can be sued.