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Defendant in FDCPA Case Wins MSJ After Invoking Bona Fide Error Defense

Account Recovery

A District Court judge in Arizona has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that it is entitled to the statute’s bona fide error defense after garnishing a bank account where Social Security payments were deposited to satisfy a judgment.

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Defendant in FDCPA Case Wins MSJ After Invoking Bona Fide Error Defense

Account Recovery

A District Court judge in Arizona has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that it is entitled to the statute’s bona fide error defense after garnishing a bank account where Social Security payments were deposited to satisfy a judgment.

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Compliance Digest – April 7

Account Recovery

In 2018, the Defendant-law firm was hired to liquidate the judgment. The court maintained its prior holding that that the plaintiffs alleged injuries based on the agencys collection of the state court judgment were the result of the state court judgment and were barred by theRooker-Feldmandoctrine.

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Compliance Digest – August 26

Account Recovery

WHAT THIS MEANS, FROM STACY RODRIGUEZ OF ACTUATE LAW: After a collection law firm garnished an Arizona judgment debtor’s bank account, the debtor raised FDCPA claims alleging that all funds in the account were social security benefits and, thus, exempt from garnishment. More details here.

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What is a Judgment?

Credit Corp

A judgment is an order issued by a court of law. This includes opening a credit card account, getting a line of credit from your bank and obtaining financing for a big purchase. Common methods include wage garnishment , property attachments and property liens. These laws vary. This is known as wage garnishment.

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Eleventh Circuit Holds Garnishment Proceeding Not Subject to FDCPA Venue Clause

Consumer Financial Services Law

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).

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What Is a Judgment?

Credit Corp

That means judgment creditors can seek debt payment from more than your wages and bank accounts. This is known as wage garnishment. The Consumer Credit Protection Act caps these types of garnishments. Nonwage garnishment. If you’re retired, unemployed, or self-employed, your bank account may be garnished instead.