Can a Creditor Levy or Garnish an Account That You Are a Beneficiary On?

Creditors can take aggressive action to seize control of accounts held by individuals who owe them money. Depending on the laws of the state in which the creditor and the debtor are located, the debtor may find property held by third parties levied or, in the case of cash flows, garnished. While you may have your own property levied or garnished if you are a beneficiary of the property, another person's property cannot be seized for your debt. Garnishments and Levies When a person has a cash flow garnished, the cash flow is diverted from...

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How to Pay Down Credit Card Debt Quickly Using the Snowball Method

Many Americans are drowning in credit card debt. The White House says that 44 percent of families carry a balance on their cards. The Nilson Report states that the average credit-card balance was $10,679 at the end of 2008. If you want to take control of your credit card debt and achieve quick results that will help keep you motivated to get out of debt, you can use the snowball method. The method got its name because it builds momentum like a snowball...

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How to Make Money to Pay off Debt in 3 Months

Being in over your head with debt is common in a tough economy. It's sometimes necessary to pay off debt quickly, when a loan is due or your credit card's interest rate goes up. Pay off your smallest amount first, rather than your debt with the highest interest rate, according to debt expert Dave Ramsey. Whatever your intention, you can make extra money and pay off your debt in three months. Instructions 1 Organize your debt so you know exactly...

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The California Garnishment Laws for Withholding Limits

A creditor has a right to obtain a judgment against a debtor when his collection efforts fail. To collect an outstanding debt, he can file a writ of garnishment to withhold a debtor's wages. California has a set of laws that protects an employee's wages from excessive withholding, allowing him to claim an exemption in certain situations. General Provisions California Civil Code Procedures 706-020 through 706-034 describe the requirements an employer must meet to withhold wages. The law gives an employer a 10-day grace period to start garnishing...

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How to Build My Credit with Credit Cards after Bankruptcy

Credit ratings affect an individual's ability to purchase a vehicle, secure housing and get a job. After bankruptcy, it's important to work hard to improve your credit score. Using secured credit cards to show credit bureaus your ability to make timely payments and manage credit can improve credit scores. Instructions 1 Apply for a secured credit card. These cards typically have low limits (sometimes only $400 or $500) and are secured by a...

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How to Reduce Credit Card Attrition

Credit card attrition is, in simple terms, a reduction in credit card users for a company. Credit card attrition is enhanced by several factors. Some involve market conditions (changes in the economy) and some involve particulars at a specific company. In any case, reducing attrition and winning back customers requires strong action plans that are marketed specifically toward former customers. Instructions 1 Assemble a research team to conduct market research surveys. The purpose of these surveys is to gain information, not to recover lost...

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What Is Exempt From a Judgment in Georgia?

A judgment can bring your creditors one step closer to garnishing your wages or taking away some of your assets. Without protection, your creditor might have the power to clean out your bank account. However, most states offer debtors at least some protection from a creditor who has won a judgment, including Georgia. Judgments and Collections Judgments are a natural outgrowth of the collections process. If you become seriously delinquent on a credit account, meaning you are behind more than a few months in payments, your creditor will usually...

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What Is Insufficient Debt Capacity?

When you apply for a loan, credit card or line of credit, the lender or credit card company will ask you a number of questions about your financial situation and look at your credit history. If they deny you, they may give you one of a number of reasons for denial. One of these reasons could be insufficient debt capacity. Definition of Debt Capacity Debt capacity is the amount of debt you can conceivably take on in your current economic situation....

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Consumer Credit Debt Relief

Consumer credit debt can range from the credit cards you carry in your wallet to the mortgage you used to buy or refinance your home. Most consumer debt relief programs are provided by private companies, which help people in working with their creditors and debt collectors to reduce or get rid of their debt. Legislation exists for consumers seeking debt relief, but whether you can use government help or need a private company depends on your situation....

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Can a Debt Collector Report You to a Credit Reporting Agency If You Are Making Payments?

Debt collectors often report their accounts to credit bureaus, who in turn put this information on your credit report. If you are working with a collection agency to pay off a debt, be sure to monitor your credit report. While the debt collector is not obligated to delete any accurate information it submitted in the past, it must report a paid account or a lower balance. Debt Collectors Debt collectors, also known as collection agencies or bill collectors, specialize in persuading people to pay their debts. They do this by calling and mailing...

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How Long Is Debt Owed?

The length of time a debt is owed is largely unrestricted, unless actions have been taken to relieve people of their debt obligations. There are laws that restrict the legal actions taken against people who haven't paid delinquent debts. However, debt collectors may attempt to skirt those laws in their efforts to recoup the money owed. Statutes of Limitations Debt collection in the United States is restricted by statutes of limitations. The statutes restrict the amount of time that creditors and lenders have to sue consumers to recoup a...

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Debt Help for the Disabled

Climbing your way out of debt is hard for any average person, but if you are disabled the situation can seem even more hopeless. Lack of job prospects can make it very difficult to pay down your credit cards and get back on track. However, it may give you hope to know that there are laws in place to protect disabled people from creditors as well as opportunities to receive grants and take advantage of debt settlement programs. Lawful Protection When a person defaults on their credit, creditors have the option of taking the person to court...

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Lien & Garnishment Laws in North Carolina

North Carolina law permits creditors to take certain legal actions against residents who owe outstanding debts. If you're sued for a debt and your creditor wins a judgment against you, the creditor can then take steps to garnish your bank account or place a lien on your personal property. If you've been served with notice of a pending creditor lawsuit, you need to understand how the process works and what your rights are. Wage Garnishment ...

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How to Fix Credit & Settle Debts

You have finally realized that no matter what you do your income will not cover your expenses and you're slowly getting in over your head in debt. If you have to decide every month whether food is on the table or the credit card bills get paid, it's time to sit down and come up with a plan to settle your debts and fix your credit. It won't be easy. Instructions 1 Write down every unsecured loan you have, the payment amount, balance due and when you made the last payment. Unsecured loans are not attached to an asset unlike a car loan. A car...

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How Do I Deal with Long-Term Debt Instruments Issued by Firms With Excellent Credit Rating?

The most challenging part of the long-term debt instruments offered by financial institutions is understanding them. Conceptually, debt instruments are more complex than basic equity instruments (e.g. stocks), because debt instruments are further removed from the core product or service that is offered. For example, if you buy the stock of General Electric, you are essentially betting that you will profit from the stock if and when GE's revenue stream...

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What Happens After a Debt Is Charged Off?

A charged off debt means a lender has reported the account as a loss for accounting purposes. The debt is no longer on their receivable listing. It is also considered to be a bad debt. When a debt is charged off, the lender usually takes other actions. Time Frame Debts are charged off when you dont make a payment for 180 days. The lender will report the information to the credit reporting agencies as a bad debt or charge-off. This information remains on a credit file for seven years. Credit Score Your credit score can be lowered...

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Large Credit Card Consolidation Options

Consolidating debt is a practical way to reduce an accumulation of monthly payments. If multiple credit card balances have reached the point that reducing the debt seems impossible, consider combining the balances in one loan or onto one credit card. The single payment is likely to be more manageable than multiple payments and allow the consumer to gain better control of the use of credit. Transfer balances One of the more popular ways to...

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Oklahoma Garnishment Rules

The federal government establishes laws and standards for debt collection, including wage garnishment, that all states must follow. As long as states meet federal minimums and standards, they can further regulate wage garnishment. Oklahoma follows federal law, with only a few state-specific rules. Garnishment Wage garnishment is a form of debt collection that is generally regarded as a last resort. In Oklahoma, a creditor can petition to have a debtor's wages garnished if the debtor owes money from a judgment or other court decision, if...

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Florida Credit Protection Laws

The federal Fair Debt Collection Practices Act regulates ways in which debt collectors can collect money that consumers owe. In Florida, the state's Department of Financial Services' Division of Consumer Services enforces regulations governing fair debt collection practices. The Division of Consumer Services tracks consumers' complaints against debt collectors and punishes collection agencies that violate the laws. Proof of Debt A collector...

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What Happens When a Bill Is Sent to a Debt Collector?

Credit card companies and other lenders often sell or assign delinquent debts to debt collectors. Usually the original creditor gives up trying to collect on the account after the debt falls six months behind, although some lenders send past-due accounts to debt collectors sooner than that. Before transferring the debt to a debt collector, the creditor usually closes the account, lists it as charged off and sends that information to the major credit bureaus. Considerations The debtor remains fully responsible for the debt even after the...

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Does My Spouse Have to Pay My Judgment?

If you have judgment from a private creditor debt, such as a credit card or a loan that belongs only to you, your spouse is not responsible for paying your judgment. If you have a debt for which you have a judgment to garnish or offset your state or federal tax refunds or to levy your bank account, your spouse will end up paying a portion of your judgment even though she is not legally responsible for the debt. About Judgments When you receive a judgment from a court, it means one of your creditors sued you for a defaulted debt. If you...

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Problems with a High Debt Ratio

The biggest problem with a high debt ratio is the effect it has on your credit score and your creditworthiness. Because your credit score is used as an indicator of your level of financial responsibility, having a lot of debt relative to the amount of credit available to you can impact your ability to obtain new loans or credit, rent a home or even get a new job. It's important to pay down your debt so your credit score is as high as possible. Credit Score The ratio of your debt to your available credit is called "credit utilization,"...

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Can Credit Card Companies Attach My Wages?

In most states, credit card companies can attach wages with a court order. Federal and state laws limit garnishment amounts for credit card debt and when the laws conflict, the rule benefiting the debtor generally applies. Wage attachment continues until debts are paid or until the debtor is unemployed. Neglecting to reply to a court summons for wage garnishment may result in a default judgment against you. Facts Some states limit wage garnishment...

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How to Get Away From Debt Settlement Companies

Once your delinquent accounts are transferred to a debt settlement company, you will need to arrange a payment plan. If you avoid them and do not attempt to pay off your debts, they will likely take you to court to collect their money, plus interest and penalties. Fortunately, most debt settlement companies are willing to work with you to reach an agreement that will stop repeated phone calls and letters. Instructions 1 Talk to them. There...

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How to Secure Debt With Trust Assets

Secured debt is debt backed by some type of collateral to be turned over to the lender in the event that the borrower cannot repay the debt. Secured debt generally grants the borrower better terms and interest rates than unsecured debt. Many kinds of property can be used to secure debt, including homes. Provided you are a trustee or a trustee approves of your action, you can use assets from a trust to secure debt. Instructions 1 Determine whether the debt you wish to insure is an existing unsecured debt or loan you intend to take on soon....

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The Credit Report Fraud Alert Policy

All three major credit reporting agencies have a credit report fraud alert policy that allows a consumer to put a fraud alert on his credit report. Typically, fraud alerts are placed on credit reports of consumers who have been victims of identity theft or have lost or had important personal information stolen (such as credit cards, identification cards or a Social Security card. A credit report fraud alert requires a creditor to contact the consumer...

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How to Block Debit Card Information

If you find that your debit card is lost or stolen or you have disclosed the information on some scam website, you could be a victim of monetary loss. Another type of fraud is card skimming, the illegal copying of information from your card's magnetized strip. This can occur when a clerk or restaurant employee takes your card out of your sight, but your information can also be stolen by devices slipped behind the faceplate of an ATM that read the...

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How to Negotiate Your Credit Rating With a Collection Agency

Although a collection agency doesn't directly control your credit rating, the agency does control what it puts on your credit report. Becoming an informed consumer is the most important step you can take to improve your credit rating. Instructions 1 Gather your paperwork. This includes all notices and letters you have received from collection agencies as well as your personal records for all accounts mentioned. 2 Pull your credit reports....

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About Co-Signers

Co-signing on a loan or credit card has both potentially positive and negative effects. While a co-signer allows a person to obtain credit at a better interest rate than without a co-signer, it also obligates the co-signer to pay the account in the event of a default by the borrower. Since many applicants who need co-signers are already a high credit risk, co-signers should take care before agreeing to add their names to accounts. The Facts ...

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What Does a Dealership Do If Someone Wants to Default on His Car Loan?

If you have to default on your car loan, a dealership can agree to take back your car under a "voluntary repossession" --- if the dealer is the official creditor receiving your monthly payments. After you purchased the car, however, the dealer may have sold the loan to a bank or credit union. The bank or credit union may also agree to take the car back if you wish to default. Significance An automobile repossession is considered a negative credit event and likely will lower your credit score. Although you're volunteering to return the car,...

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When is a Credit Card Debt Unenforceable?

Since credit card debt arises from the existence of a legally binding contractual agreement, any defects in the contract formation process may render the debt unenforceable. Defective Contracts Some of the reasons a contract might be unenforceable include an agreement with an individual who lacks the legal capacity to enter into a contract, such as a minor or an individual who, due to diminished mental capacity, is incapable of expressing an intention to be legally bound by the terms of the contract. Statute of Limitations Credit...

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Do You Get Loan Money Back When You're Dismissed From College?

As a means of paying for college, many students choose to take out loans. These loans can come from a number of sources but are very often provided directly by the U.S. government, which offers student loans at a low rate of interest. If a student has used these loans to pay his tuition but is then dismissed from school, he will usually not be paid back this money unless his tuition is refunded. Tuition When a student attends an institution of higher learning, he is responsible for paying the tuition money to the school. This money can...

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Can You Negotiate With a Collection Agency?

Debt collectors are in the business of making money quickly. You can negotiate with a collection agency and most other creditors. Amounts owed, the age of your delinquency and your offer all factor into an agreeable outcome, but successful negotiations ultimately depend on a creditor's willingness to bargain. As with any contract, get it in writing and retain proof of the agreement. Collection Departments and Agencies Dependent on company...

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What Happens When You Lose to a Creditor in Court?

Debt plagues thousands of Americans each year, and unfortunately, many creditors take their clients to court in order to collect what the clients owe. The loss of a debt lawsuit is actually part of the initial stages of the formal collection process through the court. This is because it is only after the creditor has the judgment against you that it is possible to forcibly collect from you. Filing of Finding Following the loss of your case,...

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How to Get a Full Credit Report

The Federal Reserve says that every consumer is entitled to receive one free credit report a year from the three major bureaus. Several companies claim to give free reports to consumers. However, free reports are often provided only after a person enrolls in a credit monitoring service. Annual Credit Report is different, and this authorized agency provides full credit reports, no strings attached. Instructions 1 Submit your request for a free report online. Go to Annualcreditreport.com. Provide the requested information to confirm your identity...

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Debt Remedy Information

Debt has become a way of life for many people. The endless collection calls, the mounting piles of bills and growing list of negative entries on credit reports can have people thinking that it's impossible to overcome the amount of debt they owe. However, a little ingenuity and self-discipline as well as a plan of action can help alleviate and eliminate out-of-control debt. Know Your Debt Balance Gather all of your account balance statements. Record the balance due of each account and the contact information for each crediting agency. Obtain...

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Credit Reporting Limits for States

While no one particularly enjoys having negative items on a credit report, state and federal limits exist for most reportable items. After a certain length of time has passed, credit reports cannot list certain negative credit items. In some cases, such as with unpaid taxes, the negative credit reporting has no statute of limitations. Types While each state has its own statute of limitations dealing with debt, there are two different areas...

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