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Wyoming Notice to Debt Collector - Collecting an Amount Not Authorized by Agreement or by Law

State:
Multi-State
Control #:
US-DCPA-42
Format:
Word; 
Rich Text
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Description

Use this form to notify a debt collector they violated the Fair Debt Collection Practices Act (FDCPA). Receiving notice from a consumer makes it more likely a debt collector will comply with the FDCPA. If they don't comply after receiving notice, your notice letter may help prove that their actions were intentional.

A debt collector may not use unfair or unconscionable means to collect a debt. This includes collecting an amount not authorized by the agreement creating the debt or by law.

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FAQ

A judgment is granted by the court when legal summons is issued and you fail to defend the summons or make payment of the amount claimed. A judgment remains on your credit record for 5 years or until it is paid in full or a rescission is granted by the courts.

Third-party debt collector (a debt collector who is not the original creditor) generally cannot sue in Texas without filing a bond with the Texas Secretary of State.

Nevada. Nevada is the most debtor-friendly state. Your assets have to be stashed in the trust for only two years before they're supposedly safe from future creditors. And unlike other states, Nevada protects your assets from pre-existing tort creditors, a divorcing spouse, alimony and even child support obligations.

In Wyoming, despite being otherwise friendly to debtors, the statute of limitations is not. Whereas in a state like Delaware the creditor must bring suit within four years on unpaid credit cards, in Wyoming the statute of limitations for all open accounts (such as credit cards), is a lengthy eight years.

A judgment has a lifetime of 5 years from the last date of execution or date of judgment. A dormant judgments may be revived per Wyoming Statute 1-16-501 et seq.

Wyoming law only allows one garnishment at a time. This means that your creditors may have to wait in line to collect from your wages. Priority is given for garnishments for child support and federal orders from a bankruptcy court or delinquent taxes or student loans.

Yes. Wyoming's wage garnishment law limits the amount of an employee's disposable earnings that may be subject to garnishment in any one week. The largest amount of total disposable earnings subject to garnishment in any work week may not be more than: 25% of the disposable earnings for the workweek; OR.

Florida, Texas and Iowa are considered to be the most "debtor-friendly" states, said Robert Fishman, president of the American Bankruptcy Institute. Illinois, by contrast, is considered to have "creditor-friendly" bankruptcy laws.

Traditionally a very creditor-friendly state, Georgia courts have recently become much tougher on debt buyers, specifically with regard to assignment issues. In Georgia, a party may assign a contractual right to a third party.

Texas is a debtor-friendly state and the vast majority of people are judgment proof. Strategies can be utilized by every Texas resident to protect most of their personal belongings.

More info

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Wyoming Notice to Debt Collector - Collecting an Amount Not Authorized by Agreement or by Law