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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.
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