A judgment is the official decision of a court that resolves the dispute between the parties to a lawsuit. The judgment will be recorded in the official court records. A judgment gives the judgment creditor the legal right to collect on the debt from the judgment debtor by placing a judgment lien on the debtor's real property, garnishing the debtor's salary, or to attach the debtor's personal property. A judgment lien is a claim against the real estate of a debtor; the real estate cannot be sold until the judgment is satisfied. Attachment is the physical seizure of property owned by the debtor by a law officer, usually a sheriff, who usually sells the debtors personal property at public auction to satisfy the judgment. A default judgment results from the named defendant's failure to appear in court or from one party's failure to take appropriate procedural steps. A deficiency judgment is rendered in favor of the creditor for the difference between the amount of the indebtedness and the sum derived from the sale of the debtor's property held in order to repay the debt; probably the most common deficiency judgment results from the repossession of a car.
| 100.00% | 1. | What to do if a Debt Collector Sues You. -
Is a debt collection
company
suing you over an old credit card debt?
If a debt collector is
suing
you over an old credit card bill, you are probably wondering what
to do. When a credit card
company is unable to
collect money from you over a period of time, they often sell your
debt for
pennies on the dollar to a debt collection company.
- 6/13/2008. Jeff's Blog |
| 58.59% | 2. | What Will Debt Collectors Do In 2009 Given The Economic Crisis? - The short answer is no one truly knows the future but our best judgment is that we will see a marked increase in the amount of violations of both the Fair Debt Collection Practices Act and the Fair Credit Reporting... - 1/1/2009. Alabama Consumer Law Blog |
| 57.19% | 3. | I've Been Sued For A Debt! - With many collection agencies and junk debt buyers turning to the legal system to collect, more and more people are talking to me about lawsuits over debts. This article will cover the best way to handle the situation if you find yourself with a summons for a lawsuit. - 12/1/2008. Credit Info Center News Feed |
| 56.34% | 4. | Careless Paperwork Can Forfeit Tenants By Entireties Protection - Another attorney told me about a hearing where his client, a judgment debtor, lost $4,000 he had held in a tenants by entireties account because the debtor failed to verify all the documents which were signed when he and his... - 11/22/2008. The Florida Asset Protection Blog |
| 54.86% | 5. | I don’t want to pay this debt! Can they do anything? - A consumer called me today inquiring as to what would happen if he didn’t pay the deficiency (the amount owed after subtracting the money the creditor received when they sold the vehicle to someone else) owed on a vehicle he had surrendered to the creditor.
I explained the creditor could sue him and obtain a judgment. Well, he [...] - 1/2/2009. Debt Law Network |
| 53.19% | 6. | Florida Sues Collection Agency - The Florida Attorney General's office filed a lawsuit Monday against a Duval County collection agency, alleging the company employed abusive tactics to collect debts from its targets.
For more information, follow the link below. - 7/31/2007. Jeff's Blog |
| 51.98% | 7. | American Express sues Mastercard - American Express settled its lawsuit against Visa for $1.8 billion. AE accused Visa conspiring to stifle banks from issuing AE credit cards. Mastercard has agreed to make 12 quarterly payments of $150 million each at AE. Here is AE's chance... - 8/2/2008. Michigan Collection Law Blog |
| 51.30% | 8. | -
How does
Unsecured Debt work
Lets first say you have
been approved for a credit card with a spending limit of $7000. You
then activate the credit card and start using it to purchase
various items like, clothes, furniture, movies etc) Once you
purchase any item with that credit card, the card created unsecured
debt. The card is considered unsecured because it was issued to you
based on
- 11/26/2007. Kimbery Credit Counselings Blog |
| 49.31% | 9. | What Is Contributory Negligence And How Does It Apply To A Consumer Case In Alabama? - On our personal injury blog - Birmingham Injury Blog - we discussed "Contributory Negligence" in the context of a car wreck or truck wreck lawsuit. We are asked how this applies to consumer litigation claims. Often we bring state law... - 1/4/2009. Alabama Consumer Law Blog |
| 48.74% | 10. | A Pennsylvania Consumer Resolves Harassment Lawsuit against Midpoint Resolution Group -
A Pennsylvania Consumer resolves
harassment lawsuit against Midpoint Resolution Group
A Venango County man (let’s just call
him Michael) retained Jeff to sue Midpoint
Resolution Group. According to Michael, the
facts alleged in the lawsuit are as follows.
Michael went into default on a credit card a
few years ago after he was laid off from his
job. Like many, Michael was a hard worker
and wanted
- 8/29/2008. Jeff's Blog |
| 47.78% | 11. | Trademark v A&E Moving Slowly - As often happens in litigation, the Trademark Properties lawsuit is moving along slowly. On July 17, the Court set a number of deadlines:
Plaintiffs ID of Expert Witness due by 9/13/2007
Defendants ID of Expert Witnesses Due by 10/13/2007
Amended Pleadings due by 11/13/2007
Discovery due by 11/13/2007
Motions due by 12/13/2007
Jury Selection Deadline 2/13/2008
The docket doesn’t reflect any filings that [...] - 10/25/2007. Flip This Lawsuit |
| 46.97% | 12. | What happens if I dispute the debt? -
By disputing a debt in writing within the 30-day validation period,
the debt collector cannot continue to collect on the debt until
they send you (or your attorney, if you are represented) proof of
the debt or a copy of the judgment.
After disputing the debt, wait approximately 35 days. Go to
annualcreditreport.com and obtain BY MAIL OR PHONE a copy of your
credit report from each of the three major bureaus (TransUnion,
Equifax, Experian). You are entitled to one free report per year
from each bureau. If you order your report online, you may be
giving up your right to a jury tri
- 6/25/2008. Jeff's Blog |
| 45.45% | 13. | Can I stop a debt collector from contacting me? - Yes, by writing a letter to the collector telling them to stop. Once the collector receives your letter, he/she may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action, such as filing a lawsuit. Please note, however, that sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor. See Prohibited Practices for more information. - 7/8/2008. Jeff's Blog |
| 38.79% | 14. | Can a debt collector take me to Court? -
Yes and No. A Debt collector can sue you and take you to Court if
the debt is less than four (4) years old.
According to the Statute of Limitations in Pennsylvania, a
debt collector can sue you for an old debt as long as the debt is
not more than four (4) years old. Generally, the four (4) years
begin to run when the debt first went into default.
A debt collector can try and collector a debt (within the
guidelines of the FDCPA) forever, if the debt collector
|
| 36.29% | 15. | Wage Garnishment -
Wage Garnishment
A writ of garnishment is an order granted to a creditor by a
court. It orders an employer to garnish the wages of the defendant
by a certain amount each paycheck. Such a writ is only granted
after the creditor has filed suit to recover a debt and received a
favorable judgment. This can not be granted without a judgment, as
every American is guaranteed the right to due process. So, unless
your cr
- 3/18/2008. Kimbery Credit Counselings Blog |
| 33.36% | 16. | A Missouri Judge Orders a Debt Collector to pay $854,389.00 -
A Jackson County, Missouri judge ordered a collector to pay
$854,389 to a consumer and several of her family members for
FDCPA violations. According to the judgment the violations included
name calling, threats, harassing phone calls at home and work, and
ignoring orders by the consumer?s attor
- 12/22/2007. Jeff's Blog |
| 32.25% | 17. | Jacksonville Collection Agency Settles AG Suit -
The Florida Attorney General?s office has reached
a settlement resolving a lawsuit brought against a Jacksonville
collection agency andRobert Allen Hecht and Rougina
Hecht, acting individually and on behalf of their collection
company, Allen Lewis & Associates, engaged in various
inappropriate tactics to collect payments from debtors. The
settlement calls for $21,000 in victim restitution and requires the
company to institute a compliance program to ensure
that
- 12/10/2007. Jeff's Blog |
| 31.41% | 18. | -
Debt Problems: Can My
Employer Be Contacted By A Debt Collector?
A debt collector may contact your employer to verify that you are
employed by them, also they can find out whether you have medical
insurance to cover a specific debt that you may have, or they may
call to garnish your wages. In order to do this the debt collection
agency must first sue you and obtain a judgment against you. Most
states require debt collectors to make these inquiries of your
employer in writing; but at times
- 1/31/2008. Kimbery Credit Counselings Blog |
| 30.20% | 19. | Bad Entries on your Credit Will Eventually Fall Off -
Your credit report or more so, your credit score can define who you
are – more so than your career, your partner in life, and
even your physical attributes. Seriously, think about
it. You cannot obtain a car, a house, a credit card, a loan,
or even sometimes a job without a good credit score. In
today’s society without any of those things where would you
be? Up the creek without a paddle, that’s where.
And, if you do get financed for credit with a low score or a bad
score, your interest rate will be through the roof.
Today&
- 12/23/2008. Jeff's Blog |
| 29.27% | 20. | A Debt Collection Company that "May" Train and Encourage Employees to Violate the FDCPA - sued in Pennsylvania - - 10/10/2008. Jeff's Blog |
| 28.86% | 21. | According to the Fair Credit Reporting Act (FCRA) there is a time limit that a negative entry can remain on your credit history. -
Your credit report or more so, your credit score can define who you
are – more so than your career, your partner in life, and
even your physical attributes. Seriously, think about
it. You cannot obtain a car, a house, a credit card, a loan,
or even sometimes a job without a good credit score. In
today’s society without any of those things where would you
be? Up the creek without a paddle, that’s where.
Today’s economy has caused debt collectors to become more
aggressive and relentless as to their collection tactics.
Thus causing
- 12/23/2008. Jeff's Blog |
| 28.43% | 22. | -
Can a creditor take me to court if I
fail to make payment?
Yes
they can take you to court. If your debt is large enough, your
creditors may refer your account to an attorney and take you to
court. Often creditors will win if they file a lawsuit against you
in court. The only time they would not win is if they file a law
suit and do not appear at the hearing on a specific court date.
Cred
- 12/13/2007. Kimbery Credit Counselings Blog |
| 22.59% | 23. | The Bureau of Collection Recovery Inc. - Calls a Pittsburgh Consumer a deadbeat and a liar! -
Bureau
of Collection Recovery Inc. “BCR” is a debt
collector. BCR purchases old cellular phone
debts.
A debt
collector employed by BCR contacted a Pittsburgh consumer regarding
an old cellular phone bill. The consumer repea
- 7/17/2008. Jeff's Blog |
| 18.55% | 24. | A DEBT COLLECTOR THAT MAY SECRETLY TRAIN AND ENCOURAGE ITS EMPLOYEES TO VIOLATE THE FDCPA - SUED IN PENNSYLVANIA -
A DEBT
COLLECTION COMPANY THAT MAY SECRETLY TRAIN AND ENCOURAGE ITS
EMPLOYEES TO
VIOLATE THE
FDCPA
Because of a
confidentiality clause in a recent settlement, we cannot disclose
the name of the debt collection company this report is
about:
- 10/10/2008. Jeff's Blog |
| 17.79% | 25. | Prohibited Debt Collection Practices -
Debt collectors often use harassing, abusive, false, and/or
misleading tactics to attempt to collect on an alleged debt. While
the list of prohibited practices is extensive, following are those
most commonly committed.
Debt collectors may NOT contact you:
- At any unusual time or place before 8 a.m. or after 9 p.m.
- After he/she is aware that you are represented by an
attorney
- At your place of employment if your employer prohibits such
communications
- A
- 4/16/2007. Jeff's Blog |
