Friday, May 7, 2010

Collecting a Debt in the United States (continued)

Collecting a Debt in the United States (continued)
How to Collect a Debt:

Now that we have a general understanding of what a debt collector can and can’t do we must discuss the actual process of collecting a debt which can take several forms. Most common among these is to simply hire a collection agency, transfer the debt to a collection agency who, in turn, attempts to collect the debt. Upon collection you will b e paid and the collection agency will take some money for their own as payment for their collection services.
Another option for collecting debt is by pursuing the local debt in court. In order to collect a debt through a court in Nevada you must file a complaint with a court having proper jurisdiction. In general, a defendant debtor will not answer a particular complaint leading to a default judgment. Once a default judgment has been entered the debt can be collected and the judgment used as evidence of debt liability. However, default judgments may be set aside for good cause. Nevada courts apply this rule liberally, preferring to hear a case on its merits rather than disposing of it through default. Even if the judgment is upheld, enforcing a judgment collection through the courts of Nevada is difficult and requires the assistance of experienced legal counsel.
Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

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