Debt Law

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Debt Law Offers Some Protection in order to Debtors

There are many things that can be done to those which owe money by their own creditors but there are also laws protecting the particular debtor from misuse by the creditor. If you are being hassled because you are obligated to pay money you should look into debt law to make certain that your creditors are not going farther than the law makes it possible for. They are not allowed to make use of obscene language or any violent actions to try and collect what is due. The creditor may not use slander against the consumer nor may they use threat of salary garnisheeing unless they have adopted the correct processes and possess done so legally. Unwanted the debtor by calling at times which are not usual business several hours is also prohibited legally. That means if you get calls before eight in the morning or after nine at night they are using illegal methods to collect the money owing. They also are not allowed to contact more than twice each week regarding the outstanding credit card debt.

The creditor is not permitted to involve your employer in your credit difficulties other than to locate you if they are having a difficulty finding a contact method. They also are not allowed to contact your family or buddies other than to locate a person. It is against the laws and regulations that protect borrowers for the creditor to talk about your private issues with anyone other than your self. They may not make slanderous statements about you in order to anyone regarding the money that you owe. There is protection for your character and they must abide by these kinds of rules.

Furthermore, debt law states the creditor must alert the debtor with the outstanding debt and explain that you have the right to dispute the debt if you think the information supplied is actually incorrect. This has to be in writing. As well, you will find the right to tell the particular creditor to stop harrassing you about the credit card debt this too must be on paper. They must notify an individual if they are planning to prosecute you for the money. When you have hired a lawyer to deal with the issue they must communicate through them. None of the means that you should not attempt to pay back your debts only that you do have a certain amount of lawful protection.

Comments: 18

  1. Wm April 8, 2013 at 6:16 am Reply

    My relative allowed to her son to stay at our house because he divorced.Him and his wife share the same last name tho.Apparently he owns a large amount of money to the tax office.Yesterday he started saying that if he dies,my relative gotta pay those debts.

    Laws are different everywhere but in general,is this possible?For example,if he dies or disappears,shouldn’t his wife pay the debts or will they transfer to my relative?

  2. Lance May 28, 2013 at 2:18 am Reply

    Basically I’m thinking it’d be a good idea because instead of being up to my ears in debt out of law school, I can just ride a combo of the GI Bill/Savings out of law school debt free. But in effect that’s 11 years of my life after high school before I enter my profession. I’d still be in school at 29.
    How do you know I’m white ?

  3. Tyson September 16, 2013 at 9:58 pm Reply

    I know that if you have a lot of debt after law school and don’t have a payoff plan then the committee will not like that, but if your parents paid for your law school (so you do not have debt) and you do not have a lot of money in general besides what your parents assist you with, could they ask about that and have a problem with that for fiscal responsibility or whatever?

  4. Coleman November 3, 2013 at 12:50 pm Reply

    hi i live in MD and really want to go to a top law school. My family isn’t exactly rich and we’re not poor. I don’t know if UMD college park can get me to a top law school and might go to a out of state school. Problem is i don’t want to be in thousands of dollars in debt. before law school. So what i’m trying to say is how much money realistically could i get going to a private college or another public state college. Would i still be in a lot of debt?

  5. Ronald November 10, 2013 at 11:07 am Reply

    I am being sue for an credit card debt that the Statue of Limitations has expired definitiely. I have my credit reports to prove it. Can I write a letter to the debt collector not acknowledging the debt but stating the SOL has expired and if they do not dismiss the case I will counter sue under the Fair Debt laws. Can anyone help me figure this out? Will I be restarting the SOL? I really do not want to go to court and I know I will win but just a waste of time.

  6. Dorie November 17, 2013 at 10:34 am Reply

    in these areas. 1. health care 2.living 3. its debt 4.laws 5.other 6. ways to improve over all living
    this is a serious question.

  7. Stewart December 16, 2013 at 11:18 am Reply

    If you have a negative collection on your report that passes seven years I understand it is removed from your report. Now after seven years can the collection agency resubmit the debit for another seven years or is it anchored to the original date of seven years past. Also does moving states change anything I know each states debt laws are different but does changing states half way through seven years reset the time limit. I thank you for any help you can offer.

  8. Candelaria December 17, 2013 at 8:19 am Reply

    I need to know whether a CT State Court action can be brought against a non-CT resident vessel owner “consumer” without violating Federal or State Fair Debt Collection Laws.

  9. Galen December 18, 2013 at 10:18 pm Reply

    I have several bad entries on my credit report. Some are from when I lived in Missouri and others from Texas. I have lived in Texas for 3 years now. Since different states have different laws regarding Collection Agencies – which states does the collection agency have to abide by? Is it the state they are from, where I aquired the debt or from the state I live in now?
    Since Texas and Missouri have different state laws – which state laws do they need to follow? Example: hours of calling etc….
    What is the best and strongest debt validation letter I can send to the collection agency?

  10. Marcellus March 16, 2014 at 2:17 am Reply

    I am currently slightly behind on my car loan payments (not even 1 month just a few weeks late on one payment).
    The company i owe the money to keep calling me at work i have told them that i am not able to take personal calls but they just keep ringing.
    i have no idea where they have got the number from either, i did not give them it.
    Is there anything in the law that says they must stop calling my work number once i have advised them it is not appropriate.

    PS – I have every intention of speaking to them but i work from 8:30 to 18:00 monday to thursday, they open 9 – 5. My intention is to call them on friday.

  11. Roger March 17, 2014 at 2:49 am Reply

    Story: A woman’s husband passes away and leaves behind a debt of close to $13,000 from a bank loan. He left in his bank account under $5,000 and also some stocks worth about $6,000.

    The husband had no will and it has been almost a year and still the wife has not filled the paper work to claim herself as the executor of his estate.

    She is concerned that the debt will fall upon her. She is an unemployed, low-income senior citizen.

    They had one child who is a married adult.

    What should the widow do? She has no idea how to proceed and everyone gives conflicting information.

    Serious law info only please!
    One of the stocks were in both the husband’s and the wife’s names so now I understand that the wife is entitled to that stock completly.

    The wife would like to put the stocks under the daughter’s name. The only way to do this is to finally fill out the paper work so that the wife would be responsible for the estate and quickly do all the paper work to sign over the stocks to the daughter. Would this be possible or is it totally illegal?
    The father had promised this stock to his daughter but everything happened so quickly he never did the paper work.

    What if everything were to be left as-is?
    What if, hypothetically, we’d just wait everything out and in, say, 10 years we claim the stocks? Is there a statute of limitation on the debt and claiming the stocks?

    Where could the wife (my mother) get help? She cannot afford a lawyer.

  12. Paris April 1, 2014 at 1:09 pm Reply

    I have been paying $500/month to a law firm who bought my credit card debt. Because I am a grad student who earns a very modest income as a teaching assistant, I did/do not have any income between late May and late August; therefore, I had to miss my payments in June and July. I have offered to pay the lawfirm $1500 in late august when I receive my student loan to make up for the missed payments and get back on schedule (1500 for the months of June, July, and August). I have not heard anything from them (I emailed, wrote a letter and left messages). Instead, the lawfirm somehow got court approval to take $400 of the $500 I had in my bank account (so now I have to worry about how I will pay my rent tomorrow!)…. My question is- can they also take my student loan money when it dispersed next week? Can they seize my car? I live in Arizona right now and havent been able to figure out the AZ law on this- I need my car to get to school/work! Also, any advise about what I should do and what my rights are is much appreciated! I really just want to get back on my $500 month payment schedule and get this thing taken care of asap.
    Thanks!
    Sophist- I did not sell my debt to a lawfirm. I couldnt make a few credit card payments no pay the money the redit card company wanted to settle on– I was in the hospital, so the credit card company sold my debt to a lawfirm.

  13. Issac April 22, 2014 at 1:20 am Reply

    I am in the idea of enrolling in a debt settlement program. What are the responsibilities once I enrolled?

  14. Arvilla May 2, 2014 at 8:08 am Reply

    I’m in Illinois, and have a creditor calling me to collect a balance of between 2500 and 3000. I literally have nothing to give them and they said that their client would have to look into options. What options would there be for this ‘client’, since I have literally nothing? I don’t own anything except some books, clothes and a domain name. >>; I live with friends who provide a house and food. I’m on the illinois link card but that doesn’t help a /whole/ lot. I’m looking for work currently.

    I’m just afraid of possible jail time. And paranoid. >>; I don’t know what any of the laws are relating to this issue.

  15. Norberto May 25, 2014 at 10:49 am Reply

    Help. I want to know the laws of debt collection so that I know my rights.

  16. Stacee May 25, 2014 at 10:51 am Reply

    My mother-in-law has breast cancer and she is not seeking treatment for it. She has horrific amounts of debt, back taxes and collections. I have two questions:

    1. When she dies, will my husband be responsible for her debt? What about me?

    2. If she writes either of us into her will, giving us the house for example, (which she owes taxes on), what will our responsibilities be?

    Thank you
    Can you please tell me what experience you have with this along with your answer?

  17. Danilo June 13, 2014 at 11:29 am Reply

    My brother moved out of a house and in with his girlfriend. I applied with the landlord for the house since he had moved out and was approved. We moved in the middle of last month and when I took my lease to the gas company to turn the gas on they refused to turn it on. Since the previous tenant was my brother and he had an overdue balance of like $400 they said I would have to take it up with him that it was a family issue. After arguing with them for an hour I left without any resolution. I had a lease in my name that said only me and my 9 year old son lives in the house now yet I couldn’t get the utility hooked up in my name. I told my brother about it and he was angry that they had discussed how much he owed still with me. He said it was none of my business.

    Are there any laws against sharing his info with me? We are in Indiana.

    Final Outcome: I paid his bill and after that didn’t have any left for a deposit to get the gas turned on so the bill will remain in his name and I will have to pay it. I’m on disability and can’t go get another job or work overtime. I used all my savings from the past 2 years to pay it. 🙁

  18. Pat June 24, 2014 at 1:23 pm Reply

    I have a bill from VIKING COMMUNICATIONS in Cherry Hill, NJ. I have tried to search the web to see if this is valid or not but Im finding it difficult. I have called and they refuse to speak to me even though I am the persons wife. When discussing this bill with my husband he hasn’t heard the company’s name before, but Im not surprised. The first time i called, it went to a mans voice mail from VIKING. When I called a second time and asked what the bill was for she told me for VIKING. Were located in Pa, so to me this makes no sense. Especially since the bill specifically says Debt Collector…Not company who is owed.

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