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If you have ever listened to an attorney on one of my webinars talk about the differences between filing a motion to dismiss and a motion for summary judgment, they will tell you that the motion for summary judgment allows them to gather evidence, such as deposing the plaintiff. That step can get a plaintiff to say, for example, that when she claimed receiving mail is inconvenient and that a collection operation shouldn’t send her any more mail, what she meant was that it was inconvenient
In todays digital communication landscape, businessesespecially those that use digital outreach to engage delinquent consumers to collect debtsare facing increasing pressure to ensure they respect consumers opting out of communications from a particular channel. While the word “STOP” has been a widely recognized method for consumers to unsubscribe from text messages, the reality is that consumers may express their desire to opt out in various ways.
We’ve seen this ruling in other jurisdictions, so it’s not necessarily a surprise, but I don’t think we’ve seen a ruling on this type of case in North Carolina yet. A District Court judge there has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act lawsuit on the grounds that the plaintiff lacked standing because he had the claim assigned to him by the individual who actually owed the debt in question.
You may be a small business owner or a professional in the position of finance. You may be reading this and at the same time having challenges with cash flow. The main culprit could be late and non-paying consumers. Just about every type of business will encounter this challenge, and it’s imperative to implement a regular and consistent program for getting customers to pay you for what you have provided.
AI is reshaping industries, yet finance remains one of the slowest adopters. Concerns over compliance, legacy systems, and data silos have made finance teams hesitant to embrace AI-driven transformation. But delaying adoption isn’t just about efficiency—it’s about staying competitive in a rapidly evolving landscape. How can finance leaders overcome these challenges and start leveraging AI effectively?
If your business is struggling to pay its debts when they fall due, its important to keep in mind what are creditors rights during insolvency proceedings? As a director of an insolvent company, your overriding duty moves from maximising profits for the owners to preventing further losses, with creditors repayments in mind. The below is based on technical guidance for official receivers published by the Insolvency Service: What are creditors rights?
Your debt collection agency or accounts receivable (AR) departments top priority should be collecting as many payments as possible. But the way people communicate is different than it was even a decade ago. Modernize your AR staff and improve customer engagement tactics to keep up with customer expectationsemail, SMS and online payments. Is your customer engagement strategy in line with this goal?
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Creditor Collections Today brings together the best content for creditors and collection professionals from the widest variety of industry thought leaders.
Your debt collection agency or accounts receivable (AR) departments top priority should be collecting as many payments as possible. But the way people communicate is different than it was even a decade ago. Modernize your AR staff and improve customer engagement tactics to keep up with customer expectationsemail, SMS and online payments. Is your customer engagement strategy in line with this goal?
EDITOR’S NOTE: The following article was written by the team at Prodigal After a slow start, tax refund processing has quickly caught up. By March 7, the IRS had processed 61.8 million returnsjust 1.8% behind last year’s figures. While the average refund amount has decreased slightly from February’s 7.5% year-over-year increase, it still remains 5.7% higher than in 2024, with most consumers receiving around $3,324.
Securing a judgment against a debtor is a significant victory, but the battle doesnt end there. Collecting on that judgment requires finding the money, sometimes by uncovering the debtors assets. This process is known as post-judgment asset discovery. It is a crucial step that can be the difference between getting paid and walking away empty-handed.
Looking to execute on a judgment but need more information about the judgment debtors assets to collect? If so, you might consider a debtors exam. A debtors exam provides an opportunity for the creditor to question the judgment debtor and discover information related to the defendants assets. The information sought is meant to identify assets that can be used to satisfy the plaintiff’s judgment.
Debt collection is a complex, evolving industry, and compliance with the myriad of federal, state, and local laws is an ongoing challenge for organizations in the field. These laws create a “patchwork” of rules and regulations that can vary widely depending on the jurisdiction, presenting challenges for those trying to maintain compliance and provide effective, consumer-friendly services.
Finance isn’t just about the numbers. It’s about the people behind them. In a world of constant disruption, resilient finance teams aren’t just operationally efficient. They are adaptable, engaged, and deeply connected to a strong organizational culture. Success lies at the intersection of people, culture, adaptability, and resilience. Finance leaders who master this balance will build teams that thrive through uncertainty and drive long-term business impact.
A new study, based on an exclusive survey by The Kaplan Group , provides a comprehensive analysis of payment collection challenges, focusing on companies affected by high and very high Days Sales Outstanding (DSO). The research spans various industries and company sizes, offering insights into revenue distributions, industry-specific trends, and the impact of delayed payments on cash flow management.
At the Law Offices of Alan M. Cohen & Associates LLC, our experienced commercial litigation attorneys focusing on commercial collections practice aggressive, relentless and ethical debt collection tactics to help Massachusetts businesses and out of state creditors owed monies from Massachusetts debtors collect their unpaid debts. With over 60 years of combined experience, our first and foremost goal is to fight to get you paid.
Understanding the Landscape of Insurance Industry Collections The Importance of Premium Recovery in the Insurance Sector Insurance organizations serve as the backbone of financial security… The post Reclaim Hidden Value: How Second Placement Reviews Help Maximize Insurance Industry Collections appeared first on Brown & Joseph, LLC.
Your past-due accounts are growing, cash flow is tightening, and the pressure is on. The big question: Do you handle the collections internally or outsource to experts? Both strategies come with advantages and risks - but which one delivers the best impact for your business? In this session we’ll dive deep into the in-house vs. outsourcing debate, examining cost-effectiveness, efficiency, compliance risks, and overall recovery success rates.
In a time of economic transition, where housing programs, small business lending, and taxpayer services face uncertainty due to shifting federal priorities, the question isnt what will change? Its how do we ensure continuity and stability? Thats where Prosperity Next comes in.
A healthcare revenue cycle management company recently notified the Massachusetts Attorney General about a data breach. The breach, which occurred between March 18 and March 24, 2024, involved an unauthorized party accessing files stored on a third-party hosting service and impacted a handful of healthcare providers. The Details: An investigation found that the compromised files contained sensitive information, including patients’ names, Social Security numbers, and financial account data.
Heres the latest risk management guidance, published in February 2025, from B&Ns Attorneys Risk Management practice group. BN – Tip of the Month – Lawyers Who Are Notaries – Feb 2025 The post Barron & Newburger’s Latest Risk Management Guidance appeared first on Barron & Newburger, P.C.
Speaker: Brian Muse-McKenney, Chief Revenue Officer & Matt Simester, Cards and Payments Expert
In today’s world of social media, dating apps, and remote work, businesses risk becoming irrelevant (or getting "ghosted") if they fail to meet the evolving needs of Gen Z consumers. Credit cards with flexible payment options, especially for young adults with little-to-no credit history, are a particularly important and valuable solution for this generation.
At Brown & Joseph, we value strong partnerships, and our collaboration with Ben Schiffman and Crum & Forster is a perfect example of strategic success… The post How Ben Schiffman is Driving Legal Innovation at Crum & Forster appeared first on Brown & Joseph, LLC.
As discussed in an earlier post called Jumping Up: Bankruptcy Code Dollar Amounts Will Increase On April 1, 2025 , various dollar amounts in the Bankruptcy Code and related statutory provisions were increased for cases filed on or after today, April 1, 2025. This chart has a list of all of the dollar amount changes now in effect. The official bankruptcy forms have also been revised to reflect these new dollar amounts.
A District Court judge in New York has denied motions for summary judgment filed by the plaintiff and the defendant in a Fair Debt Collection Practices Act case over the garnishment of a bank account that may have included funds that were exempt seeking to pay a rental debt from more than two decades ago.
Green energy firm Ripple Energy which provided renewable power to over 20,000 customers in the UK has filed notice to appoint administrators. Ripple allowed customers to co-own a wind farm or solar park with thousands of other budding climate heroes by purchasing shares. In return, they receive discounted energy from major suppliers like British Gas.
Navigating collections in the dynamic financial landscape presents multifaceted challenges. Organizations face pressures to maintain standards alongside software challenges like regulatory adaptations, data integration, security, workflow optimization, and automation. Finding the right software can save time and money. BEAM offers a comprehensive solution with specialized modules to streamline debt collection effortlessly.
Taking an esignature, and receiving a payment are often part of the same customer workflow. So why do many esignature software companies treat payments like an afterthought? For example, Docusign payments are only available through a plugin with select integration partners. This means they dont offer a native, built-in payment solution. Drawbacks of Separate eSignatures and Payments Companies expect esignature software to manage digital documents and offer photo and file uploads.
Brown & Joseph is pleased to announce Tomara Bradley as the new Department Manager for the Life & Health division. With over 20 years of… The post Brown & Joseph Welcomes Tomara Bradley as New Life & Health Department Manager appeared first on Brown & Joseph, LLC.
New York state legislators introduced the FAIR Business Practices Act in early March 2025, in hopes of providing small businesses more ways to defend themselves from unfair, abusive, and deceptive conduct. Protections that are currently only available to consumers within the state. The Fostering Affordability and Integrity through Reasonable (FAIR) Business Practices Act intends to add a provision to New Yorks General Obligations Law, Section 349, to offer small business owners and not-for-profi
Is the choice made by a collection operation to dismiss a collection lawsuit against a consumer a decision in the consumer’s favor? Not necessarily, ruled a District Court judge in Pennsylvania, who granted the operation’s motion for summary judgment after it was sued for allegedly violating the Fair Debt Collection Practices Act. The background: The defendant filed a lawsuit against the plaintiff in 2018 over an alleged credit card debt.
When we talk about “compliance and security," most companies want to ensure that steps are being taken to protect what they value most – people, data, real or personal property, intellectual property, digital assets, or any other number of other things - and it’s more important than ever that safeguards are in place. Let’s step back and focus on the idea that no matter how complicated the compliance and security regime, it should be able to be distilled down to a checklist.
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