Louisiana 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

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.

Collections agencies are third-party companies charged with collecting overdue debts. They'll call you, send letters and attempt to get you to pay back the debt you owe. If they're successful, they'll take a cut of the recovered amount.

Beyond contacting you directly, they can take you to court and sue for what you owe them. If they win?or you don't show up in court?they may be able to take money from your bank account, garnish your wages or place a lien on your property. After a certain period, debt collectors lose the right to sue you in court.

The statute of limitations for most Louisiana debts is 10 years. Louisiana exempts 75% of wages from garnishment. Louisiana does not allow liens on personal property.

If You Owe Money The creditor will sell your debt to a collection agency for less than face value, and the collection agency will then try to collect the full debt from you. If you owe a debt, act quickly ? preferably before it's sent to a collection agency.

Summary: As a Louisiana resident, you can seek refuge in the legal rights and protections afforded under the Louisiana Fair Debt Collection Practices Act, the federal Fair Debt Collection Practices Act, and specific provisions of the Fair Credit Reporting Act, all of which protect you from unruly debt collectors.

In the worst-case scenario, the agency will try to garnish your wages or seize your property. These extreme actions are only possible, however, if the contract you signed with the original creditor and state law allow for them.

If your debt is sold to a debt collection agency, you will owe the new creditor money. If you choose not to dispute the debt, you'll need to repay the debt to avoid being taken to court or having your wages garnished.

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Louisiana Agreement and Assignment of Judgment for Collection to Collection Agency