Both types of bankruptcy may get rid of unsecured debts and stop foreclosures, repossessions, garnishments and utility shut - offs, as well
as debt collection activities.
Not exact matches
As we said earlier, the «date of last
activity» should report «when the delinquency occurred» and not a date of
collection or not when they bought that
debt or not just because they want to re-report every month.
The
collection agency then must cease any further
collection activity until if and when it sends you written verification of the
debt, such
as a copy of an unpaid bill or court judgment.
Knowing this, most
debt collectors respect the automatic stay and cease their
collection activities as soon
as they learn of the bankruptcy filing.
As we discussed in the first segment it's unlikely they will sue you, and if
collection activity stays on your credit report for six years, which is typically how it works here in Ontario, whether I go bankrupt or pay a
collection agent or do some other means of settling the
debt, my credit rating's pretty much pooched anyways.
IMPORTANT NOTE: New
activity such
as debt collection attempts or you making a payment does not restart the credit reporting time clock (except for taxes)!
This includes immediate protection from
collection activity such
as phone calls and garnishments, and the longer - term chance to eliminate or reorganize your
debts.
This creates a problem with joint
debt,
as if the party that is supposed to pay the
debt under the separation agreement defaults, then the other party will have their credit affected and will be subject to
collection activity.
The question of whether an attorney is regularly engaged in
debt collection is made by courts on a case - by - case basis, with courts looking at factors such
as percentage of revenue generated by the
debt - collecting
activities; the volume of
debt - collecting
activities; and whether the attorney has an on - going relationship with a
collection service.
It regulates
collections made by third parties, such
as attorneys, on behalf of another, but it does not apply to the
activities of a creditor collecting
debts on its own behalf or to the creditor's employees.