The National Association of Consumer Advocates has created a series of videos providing information to consumers who are being sued on a debt. You can access those videos here:
https://www.consumeradvocates.org/for-consumers/debt-collection
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If you want to learn how to represent yourself, hear about common defenses against debt collectors, and gain knowledge of possible outcomes to your trial, then watch this video.
Video courtesy of National Association of Consumer Advocates
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Un acreedor puede requerirle a un empleador a desviar parte del sueldo de un empleado para pagar un fallo/ sentencia. El acreedor está limitado a tomar el sueldo de un deudor que: a) exceda treinta (30) veces el sueldo mínimo federal ($7.25 por hora vigente 24 de julio 2009), o b) es 25% del ingreso disponible. Cualquier exención cual permite al deudor mantener más de su sueldo aplica. Ingreso disponible es el pago neto del deudor después de las deducciones requeridas por ley, tal como impuestos, cuales son rebajados...
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The Federal Trade Commission, the government body that enforces the Fair Debt Collection Practices Act (FDCPA), has compiled a list of Frequently Asked Questions (FAQs) regarding Debt Collection. Some of the questions answered include:
For answers to these questions and more information, please visit the FTC's FAQs about Debt Collection: https://www.consumer.ftc.gov/articles/debt-collection-faqs.
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What is a garnishment? A garnishment is basically a legal collections tool where a creditor obtains a court order compelling an employer to withhold a portion of an employee’s wages. The amount that can be withheld is capped at 25%, however, the percentage may vary depending on the state issuing the garnishment and the type of debt. The cap applies to all creditors, meaning 25% is the most that can be withheld at any one time. Garnishments, however, are not limited to wages and can involve one time garnishment of bank accounts or personal property. Whether or not bank accounts, personal property or tax returns can be garnished will depend the individual state. Regardless, garnishments are usually not the first option for creditors and they usually take several months to process during which time you will be notified of the proceedings and have the opportunity to object to the garnishment...
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Once a creditor sues and obtains a judgment (court order) against a debtor they must follow a legal process to obtain payment. The creditor collects on a judgment through a "Writ of Execution" which directs a sheriff to seize the debtor's money, property, or real estate to pay the debt (in limited situations, money or property may be taken before a court enters a judgment). A creditor must collect on the debt within five years after a court issues a judgment, although a creditor can renew a judgment for additional five year periods. If the creditor does not collect on or renew the judgment within the five year period, they cannot force the debtor to pay...
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The Suffolk Lit Lab has developed a form to help people on SSI or SSDI create a letter to report changes to Social Security that might affect their benefits and to avoid any possible overpayments. For more information, visit their website here: https://apps.suffolklitlab.org/run/ssareportchangesletter/#/1
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If you lost your debt defense case (or did not know it even occurred) and your wages or bank account is being garnished, learn what you can do.
Video courtesy of National Association of Consumer Advocates
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If you are having problems with debt collectors, watch this video to learn about your rights! Hear about your rights under the Fair Debt Collection Practices Act and state laws. Find out what you should do if you are being illegally harassed.
Video courtesy of National Association of Consumer Advocates
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Many collection lawsuits are brought by companies called Debt Buyers. Debt Buyers pay money to other companies for the right to collect money owed to those companies. For example, you might owe $3,000 on a store credit card. After a while, the store may decide to sell the debt to a Debt Buyer for a few hundred dollars, instead of trying to collect it. Then the Debt Buyer will try to collect from you...
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If you need help with an SSI or SSDI overpayment issue, you can complete a form asking Social Security to waive repayment or lower the rate of repayment of the overpayment. For more information and a self-guided tool, please visit the Suffolk Lit Lab's website here:
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This guide goes through the general process of a civil lawsuit in Idaho.
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If you lost your debt defense case (or did not know it even occurred) and your wages or bank account is being garnished, watch this video to learn what you can do. Learn about one of your key defenses. Determine if you were served papers properly.
Video courtesy of National Association of Consumer Advocates
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Social Security income is a lifeline for most seniors. Because it is considered so essential for survival, it has traditionally been protected from attachment by creditors. However, there are some exceptions.
Please review the guide below for more information.
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