Free Oklahoma Collections-Creditors Rights FAQs | Free Oklahoma Collections-Creditors Rights Legal Documents

Can A Creditor Send The Sheriff To Your House?

Tue, 29 May 2007 21:19:00 GMT

Threaten to send the sheriff to debtors house to take your property or to lock you up this simply is a lie. A creditor cannot send the sheriff to their house. The sheriff cannot arrest the debtor for failing to pay a debt. Under the Constitution of the United States, the debtor cannot be deprived of life, liberty, or property without due process of law. This means before anyone can take anything from the debtor they are going to have to follow the procedures of the law.

Can Creditors Threaten To Garnish Wages?

Tue, 29 May 2007 21:19:00 GMT

A creditor cannot garnish anything without first obtaining a judgment in a court of competent jurisdiction. They must then follow the proper procedure. It is not an overnight process or a process that is going to happen without the debtor receiving notice of the proceedings. Even if a creditor does sue, it could be a long process. The debtor has the opportunity to present a defense and in some instances present their own counterclaims against the creditor. A creditor really does not want to sue. It is expensive and very time consuming.

What Are The General Garnishment Exemptions?

Tue, 29 May 2007 21:19:00 GMT

State law: 75% of earnings exempted, more if hardship established. All federal exemptions apply.

What Is The Statute Of Limitations (In Years)?

Mon, 04 Jun 2007 21:51:22 GMT

Open Acct.: 3
Written Contract: 5
Domestic Judgment: 5 renewable
Foreign Judgment: 3

What Other Things Can't A Creditor Do?

Tue, 29 May 2007 21:19:00 GMT

Threaten the use of violence or other criminal means to harm a person, his property or reputation;
Use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader;
The publication of a list of consumers who refuse to pay debts, except to a consumer credit reporting agency;
The advertisement for sale of any debt to coerce payment of the debt;
Causing a telephone to ring or engaging in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass.

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