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What New Debt Collector Rules Mean for You

Nerd Wallet

adults with debt in collections, knowing their legal rights is crucial. The Fair Debt Collection Practices Act covers third-party debt collectors — those who buy a delinquent debt from an original creditor, like a credit card company. Working with third-party debt collectors can be confusing and scary.

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Dealing with Debt Collectors

Debt Free Colorado

You have rights to help you gain control over your debt collection interactions. To learn more about pursuing your legal rights, contact your state’s local consumer agency. The Fair Debt Collection Practices Act (FDCPA) does not apply to original creditors or cover company obligations.

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Does Paying Off Collections Improve Your Credit Score?

Credit Corp

Most creditors still report to old scoring models, so it’s unlikely paying off the debt will improve your credit score. If you’ve gotten behind on payments to a creditor or lender, your debt could be sent to collections after around 120 days of missed payments. ® or VantageScore 4.0®. How Does Collections Debt Affect Your Credit Score?

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NJ Appellate Division Finds No Private Right of Action for Debt Purchaser’s Alleged Failure to Obtain State License

Troutman Sanders

Instead, the offending conduct was misrepresenting “that it had the legal right to collect on the account when it lacked the proper license to do so.” Regarding the NJ Fraud Act claims, the appellate division found there were no allegations that the defendant sold credit or offered anything to the plaintiff.

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Secured Creditors Beware: Ninth Circuit Holds a Chapter 13 Debtor may Avoid Liens Even if not Entitled to a Discharge

The Creditors Rights

The creditor in Blendheim was HSBC Bank, which held a deed of trust lien on the debtors’ home. The Ninth Circuit in In the Matter of Blendheim , 803 F.3d 3d 477 (9 th Cir. 2015) held a chapter 20 debtor may in his chapter 13 case avoid a lien under § 506(d) even if § 1328(f) precludes him from receiving a discharge. Timm , 502 U.S.

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What Is a Judgment?

Credit Corp

Quasi in rem: Quasi in rem judgments consider the legal rights of individuals and not necessarily all parties involved. That means judgment creditors can seek debt payment from more than your wages and bank accounts. Creditors must follow the law when applying a judgment to take, or seize, your property. Property liens.

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Can a Lender Pursue Debt Collection After a Charge Off and 1099-C Issuance?

Jimerson Firm

At the same time, however, the account owner/debtor is still responsible for the balance, and the lender/creditor can still make an effort to collect what is owed, with obvious exceptions being discharged or dischargeable bankruptcy filings. Charging Off” Uncollectable Debt. 1.6050P-1(b)(2)(i). See IRS Info. 2005–0207, 2005 WL 3561135 (Dec.

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