South Dakota 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

A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they;re told (orally or in writing) that you're not allowed to get calls there.

Debt collectors have a certain number of years they can sue you and win to collect a debt. It's called the statute of limitations and it usually begins when you fail to make a payment on a debt. In South Dakota, the statute of limitations is six years.

A judgment is a court order that is the decision in a lawsuit. If a judgment is entered against you, a debt collector will have stronger tools, like garnishment, to collect the debt.

A judgment generally operates to settle finally and authoritatively matters in dispute before a court. Judgments may be classified as in personam, in rem, or quasi in rem.

Yes, you can settle a debt even if a lawsuit has already been filed against you. Some lenders may allow you to pay off your debt through either a repayment plan or partial lump-sum settlement.

A judgment is an official result of a lawsuit in court. In debt collection lawsuits, the judge may award the creditor or debt collector a judgment against you.

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 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.

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South Dakota Agreement and Assignment of Judgment for Collection to Collection Agency