How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask a Bankruptcy Lawyer

FiveStarLaw
FiveStarLaw, Attorney
Category: General
Satisfied Customers: 3311
Experience:  Bankruptcy Lawyer. Experienced.
9968427
Type Your Bankruptcy Law Question Here...
characters left:
3 Bankruptcy Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Debt Collector Questions

What is a debt collector?

A debt collector is employed by a company or agency that is a business that tries to gain money that is owned for failing accounts. Many debt collectors are hired by these companies where money is owned by a nonpayer, they work for a fee for a certain percentage of the amount that is collected. Also, some debt collectors are debt buyers; these types of companies buy debts at a small part of its whole amount and then try to gain the full amount of that debt.

What are debt collectors allowed to do, and not allowed to do?

There are certain things that a debt collector have the right to do, and then there are some things that a debt collector does not have the right to do. These are listed below:

The rights a debt collector is allowed to do:
• A debt collector can send letters to the individual who owes debt to a company or business- the collection laws control what can and cannot be said within the collection letter
• Debt collectors are allowed to call the nonpayer- the collection law controls what can or can’t be said during that phone call or voice message
• Debt collectors are allowed to receive information about the nonpayer- when trying to receive information about the nonpayer can include looking up their credit report and in some situations the debt collector can contact other individuals about where the nonpayer can be found.

As for what debt collectors are not allowed to do are the following:
• Debt collectors do not have the right to harass the nonpayer, the debt collectors are not allowed to lie to this individual, curse at them, or threaten to do things that are illegal
• Debt collectors cannot continue to contact the nonpayer if you request that the debt collector stop and discontinue, when the nonpayer has asked the debt collector to “Cease & Desist” the collection behaviors, then the debt collector is no longer allowed to call or write this person, although the nonpayer still owes that debt.

In the state of California is a debt collector allowed to garnish a nonpayer’s wages, if so does the debt collector have to contact the individual before taking their wages?

In this case, the debt collector must already have a judgment so the court process is over, and now the debt collector will have to try and gain the debt that needs to be collected. The debt collector is in fact allowed to take funds from the nonpayer’s bank account, or they could even garish this person’s wages. If the debt collector has been informed or has found out where the nonpayer works, then the debt collector can have the local sheriff serve the garnishment order, and the individual will have up to 10 days from then to file for bankruptcy in order to get the garnished wages to stop.

In the state of Michigan can a debt collector garnish a person’s business that is considered a “doing business as” for their personal debts?

Since the individual is running their own business personally, then their business is not considered to be protected from their personal debts. A “doing business as” does not completely create a different entity as a corporation or a limited liability company will. So, with that being said the debt collector will have all right to garnish a person’s personal business because of their personal debts that are owed.

If someone had lost a judgment against a debt collector how long will it take before a writ of garnishment will apply?

A writ of garnishment can only be filed if the collector knows where this person is employed. Then after this it will go into effect at the beginning of the individual’s next paycheck. What this means is that it will only take a couple of days for the time the paperwork has been filed, to the time the employer receives this order, and the individual receives their next paycheck.

When facing debt and unable to pay off the amount that is owed, many people will start to experience debt collectors either calling them, sending them letters, showing up to their place of employment, and most of all taking their wages away from them in order to pay the debt off. If you feel like a debt collector is violating their rights as a debt collector you can contact the Experts online to find out legal answers as to what your right is as a nonpayer against this debt collector.

Ask a Bankruptcy Lawyer

FiveStarLaw
FiveStarLaw, Attorney
Category: General
Satisfied Customers: 3311
Experience:  Bankruptcy Lawyer. Experienced.
9968427
Type Your Bankruptcy Law Question Here...
characters left:
3 Bankruptcy Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Bankruptcy Lawyers are online & ready to help you now

Ron
ASE Certified Technician
Satisfied Customers: 21586
23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
Dr. Y.
Urologist
Satisfied Customers: 18594
I am fellowship trained specializing in general urology and reconstructive urology.
John
Home Appliance Technician
Satisfied Customers: 13453
Appliance repair business owner for over 43 years.

Recent Debt Collector Questions

  • ..in 2009 I filed chapter 13, I wrap my second mortgage Bank

    ..in 2009 I filed chapter 13, I wrap my second mortgage Bank of America and to my chapter 13 and made payments up until July 2013. Last year Bank of America sold my loan to a loan servicing company and they been contacting me for the last 6 months. I haven't responded yet. Last month they sent me a letter stating that they would settle for $8000.00... the loan was $68,000. I do have A Co borrower who is my ex husband who never made a payment on them mortgage loan. But I don't want him to be responsible this mortgage loan. They haven't contacted him yet. I would like to know my options I haven't made a payment or talk to anyone about this loan since 2008..but I made payments on it while I was in chapter 13 so I can get rid of the second mortgage. I'm confused and don't know what to do ...what are my options I can't ask my bankruptcy lawyer because I can't find him...please help, thanks
  • how long does it take to file chapter 7 bankruptcy in texas?

    how long does it take to file chapter 7 bankruptcy in texas? how about chapter13? if your in a divorce and you choose not to file bankruptcy and are sued by a debt collector during your divorce and they win a judgement on a community debt, can that judgement
    then be listed as a community debt in the final divorce hearing and divided accordingly? im in Texas.
  • What to do if I am served with papers from a debt collector?

    What to do if I am served with papers from a debt collector? Debt is for a credit card.
< Last | Next >
View More Bankruptcy Law Questions