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The Fair Debt Collection Practices Act (FDCPA) The FDCPA generally governs how debt collectors may legally attempt to collect debts both nationally and in Nebraska. The FDCPA applies to individuals or businesses that regularly collect debts and companies that buy debts and try to collect on those debts.
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.
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.
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.
So, in the state of Nebraska, the statute of limitations is five years from the last payment made.
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.
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.
Within 30 days of receiving the written notice of debt, send a written dispute to the debt collection agency. You can use this sample dispute letter (PDF) as a model. Once you dispute the debt, the debt collector must stop all debt collection activities until it sends you verification of the debt.