Sawin & Shea

JULY 20, 2022

Many individuals experience unwanted contact from debt collectors and are unsure how to approach the situation. Businesses or individuals who collect debts on behalf of others are known as debt collectors. The majority of debt collectors work for reputable collection companies.

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Burt and Associates

SEPTEMBER 23, 2024

The Fair Debt Collection Practices Act ( FDCPA ) is a cornerstone of consumer protection laws in the United States. It ensures that debt collectors adhere to specific ethical and legal standards when pursuing debts. Accurate Representation Debt collectors must be truthful about the nature of the debt.

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Burt and Associates

SEPTEMBER 23, 2024

The Fair Debt Collection Practices Act ( FDCPA ) is a cornerstone of consumer protection laws in the United States. It ensures that debt collectors adhere to specific ethical and legal standards when pursuing debts. Accurate Representation Debt collectors must be truthful about the nature of the debt.

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Account Recovery

OCTOBER 7, 2024

First, it supports the notion that not all failed collection litigation should result in an FDCPA claim. Second, the court rejected the consumers’ shape-shifting positions from the bankruptcy court to the district court, correctly holding they were precluded from taking positions contrary to those from which they previously benefitted.

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Roths Child Law

NOVEMBER 7, 2020

Defendant debt collector Santander Consumer USA Holdings ultimately prevailed because it was not collecting money on behalf of a third party. Debt obtained from bankrupted finance company. Santander bought the debt from a financier going through bankruptcy, which made Santander the owner of the debt.

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Sawin & Shea

AUGUST 24, 2020

If you’re dealing with debt and considering filing for bankruptcy, it’s a good idea to get professional legal advice on how to handle the proceedings. Credit counseling and debt management agencies may be able to assist you as you work, but with so many untrustworthy schemes out there, how do you know what the right step should be?

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Credit Corp

MARCH 12, 2025

Dealing with credit card debt is challenging, let alone facing a debt lawsuit.If If you find yourself being sued by a debt collector, you may wonder how to get a credit card lawsuit dismissed. Unfortunately, as consumer debt rises, lawsuits are becoming more and more common. An estimated 2.5

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PDC Flow

FEBRUARY 27, 2025

Collection agencies must follow regulations strictlyor youll find your business in jeopardy. Compliance can be even harder when scammers actively try to disrupt your debt collection practices through call baiting. Why is call baiting done and what can debt collectors do to prevent the practice?

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Troutman Sanders

JANUARY 20, 2023

Creditors and debt collectors may rest assured that they are not violating the Fair Debt Collection Practices Act (FDCPA) when sending debt-collection communications prior to any knowledge of a debtor’s bankruptcy filing. CICA Collection Agency, Inc. , CICA Collection Agency, Inc. ,

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Collection Industry News

SEPTEMBER 2, 2024

The Fair Debt Collection Practices Act (FDCPA) serves as a foundational piece of legislation protecting consumers from abusive debt collection practices. For businesses looking to streamline their debt collection process, adhering to FDCPA guidelines is essential for long-term success.

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Account Recovery

SEPTEMBER 23, 2024

WHAT THIS MEANS, FROM SARAH DOERR OF MOSS & BARNETT: The Ahaghotu decision confirms that CRAs can rely on and disclose that which is already in the public domain, e.g. bankruptcy filings, without fear of FCRA exposure. Woodman argued that Medicredit should have known from the first two debts that she was represented.

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Sawin & Shea

SEPTEMBER 27, 2023

Filing for bankruptcy can provide you with a much-needed second chance when it comes to your finances. If you are a victim of debt collector harassment, it’s important to know the debt collection laws, and consider your options for debt relief. What is Chapter 7 Bankruptcy?

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Taurus Collect

NOVEMBER 15, 2023

Experiencing a constant barrage of calls from debt collectors can be overwhelming, to say the least. Many wonder, “How many times can a debt collector call me in one day?” In this post, we will explore the rights and regulations governing debt collection in the UK. or after 9 p.m.,

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Collections Law

FEBRUARY 26, 2025

Time is of the essence when collecting debts. Debtors may dissipate assets or file for bankruptcy, leaving you with little recourse. Mistake #2: Lack of proper documentation Proper documentation is essential in debt collection. Mistake #1: Failing to act promptly One of the biggest mistakes is delaying action.

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The Creditors Rights

AUGUST 2, 2016

In 2014 the Eleventh Circuit held that a debt collector violates the Fair Debt Collections Practices Act when it filed a proof of claim in a chapter 13 case on a debt that it knows to be time-barred. Crawford v. LVNV Funding, LLC , 758 F.3d 3d 1254 (11 th Circ. Travelers Cas. & Gas & Elec.

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Troutman Sanders

DECEMBER 18, 2023

On December 15, the Consumer Financial Protection Bureau (CFPB) announced it had reached a settlement with medical debt collector Commonwealth Financial Systems, Inc. Commonwealth) in its lawsuit over alleged illegal debt collection practices.

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Albuquerque Law

MAY 18, 2020

However, one question remains: who is calling to collect the debt? Is it a creditor or a debt collection agency? Many New Mexicans might believe that creditors and debt collectors are essentially the same. After all, they both look to collect debts. It is always important to verify the debt.

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Collection Industry News

APRIL 25, 2023

A debt doesn’t generally expire or disappear until its paid, but in many states, there may be a time limit on how long creditors or debt collectors can use legal action to collect a debt. Some debts, though, such as federal student loans don’t have a statute of limitations.

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Troutman Sanders

JANUARY 22, 2024

Court of Appeals for the First Circuit to reverse a district court’s decision finding that a debt collector lacked the requisite knowledge and intent to violate the Fair Debt Collection Practices Act (FDCPA) when it sent a debt-collection communication prior to any knowledge of the debtor’s bankruptcy filing.

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Better Credit Blog

OCTOBER 16, 2020

With the pointers below, getting a collections entry off your credit report should be no trouble at all. A nifty feature of the FDCPA : debt collectors can’t actively pursue payment for a debt without proof of its existence, assuming you ask them to furnish this proof within 30 days of their first contact.

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Better Credit Blog

NOVEMBER 17, 2020

The company is affiliated with Capio Partners, another collections agency, so you may see an entry referencing both agencies on your report. Sometimes, debt collectors are employed by businesses to call, send letters, and process payments from customers with late payments. How Does MBA Law Offices/Capio Work?

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Better Credit Blog

OCTOBER 30, 2020

Send a Debt Validation Letter. The FDCPA gives you 30 days to get your debt validated, a benefit you should absolutely take advantage of. The law states that debt collectors cannot seek repayment for a debt without providing evidence if it is requested. Bankruptcy. Work with a credit repair company.

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Better Credit Blog

MARCH 2, 2021

They collect on debts for both smaller doctors’ offices and clinics and hospitals. When your healthcare provider is unsuccessful at collecting your debt, they could contact a third-party agency such as H&R Accounts. It is always wise to limit your communication with debt collectors to letters rather than phone calls.

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Sawin & Shea

FEBRUARY 16, 2021

Are you receiving collection letters while working with a bankruptcy attorney ? Your bankruptcy attorney needs these letters because they could benefit you. Let’s take a look at why you should save collection letters and share them with your attorney. Some Collection Notices are Unlawful.

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Troutman Sanders

JUNE 16, 2021

Med-1 Solutions LLC , an Indiana district court granted partial summary judgment for the defendant in a Fair Debt Collection Practices Act (FDCPA) case. At the time it received the notice of the plaintiff’s bankruptcy petition, the defendant did not have any active accounts for collection regarding the plaintiff.

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Better Credit Blog

AUGUST 12, 2020

Often times, companies and debt collectors do not have sufficient documentation of customers’ debts. The Fair Debt Collection Practices Act requires debt collectors to provide valid proof of debts if you submit a validation letter within 30 days of being contacted by a company.

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Consumer Financial Services Law

MAY 16, 2017

Johnson in the Lower Courts Aleida Johnson filed her Chapter 13 bankruptcy petition in 2014. Midland Funding, LLC, a debt buyer, filed a proof of claim which disclosed on its face that the claim was barred by the applicable statute of limitations, listing the date of last transaction as May 2003. Midland Funding, LLC, 528 B.R.

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Debt Free Colorado

JUNE 18, 2024

You may be considering Chapter 7 bankruptcy. Consulting with a Chapter 7 bankruptcy attorney in Boulder, CO, can help determine if it is the right solution. Our blog will provide a general overview of Chapter 7 bankruptcy. Quick Summary: Chapter 7 bankruptcy allows individuals to discharge most unsecured debts.

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Better Credit Blog

OCTOBER 2, 2020

Send in a debt validation letter. Send in a Debt Validation Letter. The benefits of the Fair Debt Collection Practices Act don’t stop with dictating how debt collectors are allowed to communicate with you. If they can’t validate the debt, you’ll get off without paying a penny.

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Collection Industry News

DECEMBER 21, 2020

Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed.

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Better Credit Blog

NOVEMBER 4, 2020

If Resurgent Capital Services is on your credit report as a collections entry, it’s important to get them deleted, ASAP. In the guide below, we’ll show you the ins and outs of dealing with debt collectors and provide you with a few surefire strategies for getting RCS off your report. What Is Resurgent Capital Services?

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Better Credit Blog

OCTOBER 5, 2020

Today, we’ll walk you through all the details you need to know about Penn Credit and debt collectors in general so you can have them taken off your report in no time. Penn Credit Corporation is a legitimate debt collector , one that is headquartered in Harrisburg, Pennsylvania. Get your debt validated.

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Better Credit Blog

OCTOBER 7, 2020

Debt collectors can be a nuisance, and their effects on your credit score are even worse than their constant calls. It might seem like paying off your debt is the best method for getting a collections agency like AMCOL off your report, but that could do more harm than good. Ask for Proof with a Debt Validation Letter.

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The Kaplan Group

OCTOBER 19, 2020

FDCPA ( Fair Debt Collection Practices Act). The Fair Debt Collection Practices Act (FDCPA) is a federal law that restricts the behavior of collection agencies when they are attempting to collect money from individuals. Debt Settlement Services. Statute of Limitations.

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Better Credit Blog

FEBRUARY 4, 2021

Are hired to help the original lender collect the debt. When a collections agency gets ahold of your debt, it can mean lots of phone calls and letters for you. Many consumers looking to cut ties with debt collectors simply pay off their debt, assuming it will get removed from their credit report.

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Better Credit Blog

FEBRUARY 15, 2021

Collections entries will stay on your report for a total of 7 years, even if you pay up your account. Depending on other factors on your credit score and the extent of your debt, a collections account can drop your score significantly. How to Deal with Fairway Collections. Charge-offs. Foreclosure. Hard inquiries.

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Better Credit Blog

OCTOBER 2, 2020

If you’re wondering how best to proceed with a debt collector like AWA, we’ve got you covered. What Is AWA Collections? AWA Collections isn’t a well-known name, but it is a legitimate one. AWA is a small debt collector that has been operating since 1993, according to its BBB profile. Third-party collections.

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