Collections Law

JULY 25, 2024

With a thorough understanding of the idiosyncrasies of Massachusetts collections laws, they can lend their extensive knowledge to your company’s outstanding debts with post-judgment collection strategies, like bank attachments. What is a bank attachment? A bank attachment is a powerful post-judgment collection tool.

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Nexa Collect

JUNE 21, 2023

Legal Action : The creditor or collection agency may file a lawsuit against you to recover the debt. This can lead to wage garnishment, bank levies, or liens against your property. Increased Debt : If you ignore the debt, interest and fees may accumulate, potentially increasing the total amount you owe.

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Sawin & Shea

NOVEMBER 15, 2022

Firstly, if your employer is also one of your creditors, they will receive a notification when you file. When filing for Chapter 7 or Chapter 13 bankruptcy, you are required to disclose all of your creditors, and your creditors will receive the official Notice of Bankruptcy Filing from the bankruptcy court clerk.

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Nexa Collect

APRIL 27, 2021

Creditors and collection agencies who prefer to do credit reporting quickly will likely see lower recovery rates. However, by law, they cannot be reported before 180 days anyway. The fear in the debtor’s mind is gone. However, collection agencies that delay credit reporting keep this valuable tool for later use.

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Credit Corp

JUNE 3, 2020

This includes opening a credit card account, getting a line of credit from your bank and obtaining financing for a big purchase. The company, creditor or collection agency has legal ways to pursue payment. The court enters a judgment against you if your creditor wins their claim or you fail to show up to court. These laws vary.

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Debt RR

AUGUST 3, 2020

This unpaid debt can lead to a serious problem for businesses: garnishment. Bank account garnishment can create serious cash flow blocks for companies of all sizes, and those cash flow problems can compound into other issues, like payroll concerns and late payments on other accounts.

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The Kaplan Group

AUGUST 6, 2020

This means that creditors can come after your personal assets to pay off business debt. Creditors can also try to “pierce the corporate veil” and seek payment from shareholders if you pay personal expenses with business funds. You should know that once a judgment is issued the creditor can get a lien. Declare Bankruptcy.

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Troutman Sanders

JANUARY 29, 2024

She listed 45 unsecured creditors in her schedules of assets and liabilities, including the $7,400 credit card debt at issue. However, testimony later showed that the entity listed as holding the debt, Direct Merchants Bank, was not the actual creditor but rather a registered trademark owned by Metris Companies.

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Sawin & Shea

NOVEMBER 23, 2022

Both being sued by a creditor and bankruptcy can feel like scary situations, but rest assured, filing for bankruptcy can help. Can a Creditor File a Lawsuit Against Me? Creditors can, and most likely will, take you to court if you owe a debt such as a credit card or medical bills and cannot pay.

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FFGN COLLECT NY

FEBRUARY 20, 2025

Debt collection attorneys can levy on bank accounts and brokerage accounts, garnish wages, restrain monies, and much more. There is a buyers market for New York judgments, especially by creditors looking to acquire liens against desirable properties. Judgment domestication is generally not handled on a contingency fee.

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Sawin & Shea

FEBRUARY 16, 2022

An emergency bankruptcy is a bankruptcy filing method that expedites the filing process to stop creditors and bill collectors from seeking debts from borrowers. An automatic stay is an injunction prohibiting creditors from collecting debts. Additionally, businesses can file an emergency bankruptcy under Chapter 11, but this is rare.

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Credit Corp

JUNE 14, 2020

If the original creditor went to court and obtained a judgment against you for a debt, the zombie debt cycle can be more complicated. First, judgments provide the creditor with the legal means to collect via actions such as wage garnishments or bank account liens. That can include wage garnishment or levies.

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Public Citizen

OCTOBER 29, 2020

Puerto Rico, and the Virgin Islands that protect wages, assets in a bank account, and property from seizure by creditors. “By Only when stimulus checks were deposited in families’ bank accounts and garnished by debt collectors did many states realize that they had no state laws to protect a basic amount in a family’s bank account.

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Consumer Financial Services Law

OCTOBER 12, 2016

The Eleventh Circuit recently joined the First and Eighth Circuits in concluding that the FDCPA’s venue provision does not apply to post-judgment garnishment proceedings. Post judgment, the law firm filed a garnishment proceeding against the consumer’s bank seeking to collect on the judgment. 1692i(a)(2). Ray, CITE. “[A]s

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Credit Corp

JULY 20, 2020

When you miss too many payments, your creditor may charge off the debt. A charged off debt can lead to harassing phone calls, garnished wages, and a major drop in your credit score. A charge-off occurs when you don’t pay the full minimum payment on a debt for several months and your creditor writes it off as a bad debt.

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Better Credit Blog

APRIL 4, 2022

Agents can simply imply threats, and that’s often enough to prompt payment, such as threatening to call your employer and set up wage garnishment arrangements. But, under federal law, a legitimate debt collector must first successfully sue you in civil court to be able to garnish your wages. Bank Account Information.

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Credit Corp

MAY 30, 2023

That means judgment creditors can seek debt payment from more than your wages and bank accounts. Creditors must follow the law when applying a judgment to take, or seize, your property. Your creditor can take or leverage these possessions in the following ways: Wage attachments. This is known as wage garnishment.

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Sawin & Shea

MARCH 30, 2021

Debts are reorganized in a payment plan that forces creditors to take what the Chapter 13 law says your have to pay them. Start with bank statements. You will be able to download a record of your bank deposits. This will be true whether you deposited cash or checks (and the bank provides pictures of checks you have deposited).

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The Kaplan Group

OCTOBER 19, 2020

You may also be responsible for paying the costs of the creditor hiring a collection agency or legal costs. Debt settlement companies, also sometimes called “debt relief” or “debt adjusting,” are companies that claim to renegotiate, settle, or in some way change the terms of your debt to a creditor or debt collector.

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Debt Free Colorado

FEBRUARY 21, 2022

The Fair Debt Collection Practices Act (FDCPA) does not apply to original creditors or cover company obligations. It mandates that debt collectors post a bond to pay the amount owed to the creditor for whom they are collecting. Consumer debts include credit card debts, vehicle loans, medical costs, and school loans.

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Debt Free Colorado

APRIL 9, 2020

Below you’ll find some strategies for working with your creditors and deciding which bills are the most important if you can’t pay them all. Reach out to your creditors. The decisions regarding which creditors get paid and which do not can have long term consequences and will require a strategy. Triage your finances.

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Sawin & Shea

JUNE 9, 2021

Approximately one third of consumers with a credit bureau file were contacted by at least one creditor or debt collector each year, according to a CFPB (Consumer Financial Protection Bureau) survey. There are approximately 7,000 collection agencies in the U.S. Collection agencies have an annual revenue of about $ 4 billion.

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Sawin & Shea

OCTOBER 26, 2022

Common unsecured loans include: Bank loans with no collateral. Even if a creditor has initiated a wage garnishment you can still discharge the unsecured loan in Chapter 7 bankruptcy. Unsecured loans are loans that don’t have collateral. If you fail to repay an unsecured personal loan, the lender cannot repossess your assets.

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Sawin & Shea

JUNE 16, 2021

Pros: Because you are no longer overwhelmed with creditors and debts, you may be able to save money for secured loans or secured credit cards. A secured card is one where you put down a certain amount of money with the bank to guarantee your repayment. You are no risk to the bank because they already have your money.

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Jimerson Firm

NOVEMBER 8, 2023

Judgment creditors are often faced with the question of how to collect an out-of-state judgment (also commonly referred to as a foreign judgment) in Florida. Once the foreign judgment is domesticated, the judgment creditor may pursue post-judgment collections efforts in Florida. Notice of registration of foreign judgment. 55.509, Fla.

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Jimerson Firm

JANUARY 28, 2021

Compass Bank , 164 So. Liberty Bank , 87 So. For example, the lender can get a judgment lien against the borrower’s personal property, garnish the borrower’s wages, and/or levy the borrower’s bank accounts. 3d 49, 57-58 (Fla. 1 st DCA 2015). 5)(h), Fla. Empire Developers Group, LLC v. 3d 51, 53 (Fla. Conclusion.

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Troutman Sanders

DECEMBER 8, 2022

The Act has been touted as a way to protect Arizonans with medical debt from bankruptcy and set new exemption limits on property subject to debt collection and decreased the portion of a judgment debtor’s income that is subject to garnishment. The plaintiffs, led by the Arizona Creditors Bar Association Inc.,

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Credit Corp

MARCH 8, 2023

Creditors, such as banks and credit card companies, report account information to one, two or three of the credit bureaus. Types of properties that might be levied include homes, cars, certain types of personal property and even cash in bank accounts. Credit bureaus only report items that are reported to them.

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BN Lawyers

APRIL 30, 2019

Debtors who have filed for bankruptcy and received their Discharge often continue to receive collection letters and phone calls from their creditors. Some creditors even go so far as to sue on these discharged debts or garnish wages and bank accounts. What Actions from Creditors Are Prohibited?

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Debt RR

AUGUST 3, 2020

A commercial debt collector works exclusively with B2B creditors that need to collect past due payments from other businesses. Negotiate payoff balances: In some cases, B2B creditors might authorize commercial debt collectors to make payment arrangements with their clients. What Do Commercial Debt Collection Agencies Do?

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Troutman Sanders

AUGUST 29, 2023

Palisades Acquisition XVI, LLC , the plaintiff incurred a credit card debt, which was later assigned to a new creditor. In 2007, the new creditor commenced an action to recover the debt and obtained a default judgment against the plaintiff. The plaintiff never repaid the garnished money. In McCrobie v. The defendants objected.

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Stevens Lloyd

DECEMBER 13, 2018

Judgments are worthless unless you can locate and garnish the debtor’s assets, however. When a creditor obtains a judgment against an individual or company, one of the most effective techniques (providing they don’t know what assets the debtor has) is to utilize a Debtor Exam to recover monies which were awarded on the ruling document.

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Stevens Lloyd

SEPTEMBER 27, 2018

These include Writs of Execution, Bank levies, and Wage garnishments. Such property will often then be sold by the sheriff and the funds returned to the creditor in fulfillment of the judgment. The sheriff can essentially put a bank garnishment into effect from the debtor company’s bank or seize property.

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Collections Law

JANUARY 13, 2023

The more debt they have out there, the smaller the slice each creditor can get, right? Others such as bank attachments require a motion to charge the trustee. Attaching finds is most commonly done through a bank attachment. Usually, we seek to attach the debtor’s bank account, but we do not stop there. Not necessarily.

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Better Credit Blog

APRIL 3, 2022

In other words, when the original creditor has been unsuccessful in collecting on a debt, it will write off the debt as a loss. There’s a chance some details about your account got lost in the transfer from the original creditor. Don’t give a debt collection agency your bank account numbers.).

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FFGN COLLECT NY

NOVEMBER 30, 2022

The state also recently imposed new requirements for supporting and additional documentation for creditors filing suit for consumer claims. As of now, creditors holding judgments obtained for consumer debts are still able to restrain an individual’s bank account, assuming the amount in the account exceeds the exempt amount.

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Taurus Collect

FEBRUARY 27, 2023

This usually happens after you’ve received multiple warnings from your creditor. At this point, you may be subject to legal action, including wage garnishment or seizure of property. This judgment could lead to wage garnishment, liens on your property or require bank account attachment. Read on to learn more.

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