Kentucky Agreement and Assignment of Judgment for Collection to Collection Agency

State:
Multi-State
Control #:
US-02705BG
Format:
Word; 
Rich Text
Instant download

Description

The Fair Debt Collection Practices Act (FDCPA) prohibits harassment or abuse in collecting a debt such as threatening violence, use of obscene or profane language, publishing lists of debtors who refuse to pay debts, or even harassing a debtor by repeatedly calling the debtor on the phone. Also, certain false or misleading representations are forbidden, such as representing that the debt collector is associated with the state or federal government, stating that the debtor will go to jail if he does not pay the debt. This Act also sets out strict rules regarding communicating with the debtor.
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FAQ

Even if a debt has passed into collections, you may still be able to pay your original creditor instead of the agency. Contact the creditor's customer service department. You may be able to explain your situation and negotiate a payment plan.

A collection lawsuit submits the issue to a judge who decides whether you owe money to the creditor and, if so, the exact amount due. A judgment is the court's final decision as to the outcome of litigation. This signals the end of the case and provides the last word on liability.

If the creditor wins in court and you can't pay what you owe, the creditor may try to take some of your income or property to pay the debt. This must be done through a legal process which will give you written notice and a chance to request a hearing before anything is taken.

And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables. In Kentucky, a judgment lien can be attached to real estate only (i.e., a house or similar property interest).

A judgment lien is a court ruling that allows your creditor to come after your home, real estate land/property, and/or personal property (such as vehicles, appliances, and furniture) when you haven't paid your debt.

When a creditor or lender no longer wants to be responsible for attempting to collect your debt, they will sell your debt to a third party. When this occurs, a Notice of Assignment (NOA) is sent out to you. This should inform you of who is responsible for collecting the rest of your loan or debt.

For both open account and written contracts, the statute begins to run from the date of default. Kentucky Judgments (both domestic and foreign judgments domesticated in Kentucky) are valid for fifteen (15) years and can be renewed.

Statute of Limitations by State Statute of Limitations by State (in years)Indiana66Iowa55Kansas33Kentucky5550 more rows ?

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Kentucky Agreement and Assignment of Judgment for Collection to Collection Agency