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First and foremost, be on the lookout for a civil court summons about this debt. This is a formal notice from the clerk of courts that you are being sued for a debt. If the collector does, in fact, try and take you to court, you will receive this notice. Do not ignore a civil court summons! Even if the collector has no right to collect the debt, ignoring a summons could lead to a deficiency judgment. Essentially, the court will find you guilty for not responding. In this case, then the collector could get your wages garnished. Instead, respond to the summons. You may want to seek legal counsel to understand the best way to respond. If you cannot afford legal counsel, find a local Legal Aid Society near you. They may provide free legal advice. Most likely, your counsel will help you craft a response to deny the allegation. This is where the paperwork. Correspondence you have will come in handy. You will be able to show that you do not legally owe the debt to this collector and/or that the debt is past the statute of limitations. Even after you deal with this collector, keep your paperwork on file. The law doesn’t prevent this payday loan collector from selling your debt to someone else. They may sell the debt to another collector just to cut their losses when they see they won’t be able to get you to pay. If they sell the debt, you will need to go through this same process. So, having your paperwork on hand down the line will make that process easier. We hope this advice helps, Gabriela, and hopefully, you can handle this issue successfully now. If you still have questions, we have a guide that goes into more detail about how to deal with debt collectors.
And you are correct that even if the debt was purchased by the collection company, the original creditor should still have a record of you. The fact that they don’t is suspect. If the collector cannot provide sufficient proof of everything required to validate the debt, then they have no legal right to collect. Even if debt gets sold to a third-party debt collector, a creditor will still have a record of the account. What’s more, there will be a paper trail you can follow via your consumer credit report. When an account is charged off by the original creditor and sold to the collector, that will be reflected in your report.
Sorry to hear that you’re having trouble with a payday loan collector. The good news is that there are several steps you should be able to take which should help you avoid the wage garnishment that the debt collector is threatening. You’re right that what the collector is telling you doesn’t seem entirely on the up and up. So, let’s lay down some facts that will put you in a better position to hopefully stop these payday loan collection efforts. First, to give you some background, there’s a federal law called the Fair Debt Collection Practices Act. This consumer rights legislation protects consumers from unfair and harassing collection practices. This law states that a collection cannot confiscate your property without a court order. Since a payday loan is an unsecured debt with no collateral attached to it, the collector cannot take your property without going to court first. They would need to win a case against you in civil court to garnish your wages. Every state in the U.S. This is known as the statute of limitations. Essentially, a collector only has a limited time where they can take you to court over a debt. The good news for you, Gabriela, is that the statute of limitations for written contacts where you live in California is four years.
Source:
- https://nocollectioncalls.com Tags: new york state debt collection law
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