Account Recovery

JULY 16, 2024

Bank, Collection Law Firm Facing FDCPA Class Action Over Reviving Dormant Judgments Judge Denies MSJ For Defendant in FCRA, FDCPA Case Over Disputed Debt More Americans Living Paycheck to Paycheck: Survey A Summary of Comments on Medical Debt Credit Reporting Proposal WORTH NOTING: The best Prime Day deals available so far … The best video […] (..)

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Law Firms Judgment Banks Collections 130

Account Recovery

DECEMBER 26, 2024

Exemption laws, which protect a debtors income and assets in the event of a judgment or collection lawsuit are in the spotlight following the release of an annual report from the National Consumer Law Center, which attempts to shed light on what the advocacy group perceives to be the inadequacies of these protections.

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Debtor Judgment Banks Collections 130

Account Recovery

MAY 5, 2023

BANK ACCUSED IN FDCPA CLASS ACTION OF USING STRAW LAW FIRM TO COLLECT ON DEBT A patsy. A class action lawsuit is accusing a bank of using a law firm as a front to collect on its own debts, allegedly violating the Fair Debt Collection Practices Act by sending … The post Daily Digest – May 5. A scapegoat.

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Law Firms Judgment Banks Fair Debt Collection 130

Account Recovery

OCTOBER 15, 2024

A New Jersey Appeals Court has affirmed a lower court’s decision in favor of a debt collector after the consumer appealed rulings denying his attempt to vacate a bank levy and default judgment as well as a motion for reconsideration. Learn more.

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Debt collector Judgment Banks 130

FFGN COLLECT NY

FEBRUARY 20, 2025

Looking to domesticate a judgment in New York and wondering if its worth the expense? Consider the following: Except for judgments obtained for medical services, New York is extremely liberal when it comes to judgment enforcement. New York allows 9% interest on commercial judgments unless otherwise stated in the judgment.

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Judgment Judgment Enforcement Debtor Garnishment 52

Account Recovery

JANUARY 24, 2024

is taken from his bank account to satisfy a judgment of approximately $12,000, even if the defendant attempted to collect more than it was entitled to? Does a plaintiff suffer an injury when $278.75

Banks 147

Banks Judgment Collections 147

Jimerson Firm

APRIL 9, 2024

Collecting on Judgment Liens in Florida Acquiring a money judgment through the litigation process in the State of Florida can be tough, arduous, and expensive. When a court enters a civil money judgment, it creates a judgment debtor and a judgment creditor. on one’s vehicle.

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Account Recovery

JUNE 4, 2024

Alleged Communication Conflicts Lead to FDCPA Suit Against Collector CFPB Creates Corporate Offender Registry for Non-Banks NJ AG Proposed Disparate Impact Rule to Fight Discrimination Judge Grants Default Judgment for Plaintiff in FDCPA Case Over Text Message Sent After Cease Request WORTH NOTING: How artificial intelligence can help you get better (..)

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Banks Judgment 147

Collections Law

JANUARY 31, 2025

They allow you to secure assets of the debtor before the court issues a judgment. Attaching real estate to secure your judgment Real estate attachments allow you to place a lien on the debtors property. This can include bank accounts, accounts receivable or other financial assets. first appeared on Law Offices of Alan M.

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Judgment Commercial Collection Debtor Lawyers 52

Account Recovery

DECEMBER 14, 2021

The remaining defendants in a lawsuit filed by the Federal Trade Commission have reached a settlement, under which they will be permanently banned from participating in the collection industry as well as surrender funds in a number of bank accounts and the title to a Mercedes as part of a $12 million judgment that has … The post Collectors Banned (..)

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Account Recovery

JULY 16, 2024

EDITOR’S NOTE: This article is part of a series that is sponsored by WebRecon. WebRecon identifies serial plaintiffs lurking in your database BEFORE you contact them and expose yourself to a likely lawsuit. Protect your company from as many as one in three new consumer lawsuits by scrubbing your consumers through WebRecon first. Want to learn more?

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Law Firms Judgment Banks Collections 130

Account Recovery

MARCH 16, 2021

The Federal Trade Commission yesterday announced settlements in a pair of cases it brought under Operation Corrupt Collector, where each of the defendants have agreed to lifetime bans from working in the collection industry and will turn over all the money in their bank accounts to satisfy more than $27 million in judgments that were … The post (..)

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Collections Trade Judgment Banks 242

FFGN COLLECT NY

OCTOBER 20, 2021

When considering what funds are exempt from judgment enforcement and the reach of judgment creditors, New York and the federal government draw a line between enforcing judgments against consumers and enforcing judgments against commercial entities. What If Funds Exempt From Judgment Enforcement Are Held?

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Credit Corp

JUNE 3, 2020

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. If they are successful, the court issues a judgment against you. What Happens After a Judgment Is Entered Against You? These laws vary.

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Judgment Garnishment Creditors Law Firms 98

Account Recovery

DECEMBER 30, 2024

However, the legislation has faced criticism from collections attorneys who argue it could impair the ability of civil judgment holders, including some crime victims, to collect compensation. California A new law, scheduled to go into effect on January 1, bans the reporting of medical debt on consumers’ credit reports.

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Garnishment Debtor Collections Agency Collection Agencies 130

Jimerson Firm

JANUARY 28, 2021

When a lender obtains a final judgment of foreclosure from the court, the mortgaged property is sold at public auction and, if bought by someone other than the foreclosing lender, the proceeds are applied to the debt owed by the delinquent borrower. Procedure For Getting a Deficiency Judgment. Compass Bank , 164 So. 702.06, Fla.

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FFGN COLLECT NY

NOVEMBER 4, 2021

There is no state as liberal as New York when it comes to commercial debt collection and the enforcement of judgments against commercial entities. New York Civil Practice and Rules Article 52 grants the judgment creditor many liberties and privileges when it comes to enforcing a judgment.

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Account Recovery

SEPTEMBER 18, 2023

A District Court judge in New Jersey has denied a defendant’s motion for summary judgment, ruling that the plaintiff has standing to pursue his Fair Debt Collection Practices Act lawsuit — “however slight” that standing is, noted the judge. A copy of the ruling in the case of Tomaine v.

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Fair Debt Collection Banks Judgment Collections 147

Account Recovery

MARCH 10, 2025

In addition, in April 2024, the NYAG secured over $700,000 from Pathward, National Association, a national bank formerly known as MetaBank because of an investigation that found Pathward froze accounts in violation of the EIPA. Defendants are therefore well-advised to carefully analyze complaints for pleading deficiencies.

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Debt collector Fair Debt Collection Debtor Judgment 130

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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Judgment Banks Garnishment Commercial Collection 52

Jimerson Firm

AUGUST 12, 2021

Lenders who move for summary judgment under Florida’s new summary judgment standard will likely enjoy more favorable outcomes. The court’s more rigorous review of attempts to withstand summary judgment will change expected litigation outcomes, impact litigation strategy, and largely benefits lenders. Guild of America, Inc.,

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Judgment Lender Loans Debtor 98

Credit Corp

JUNE 3, 2021

Can debt collectors take money from your bank account to offset debts you owe them? How to Open a Bank Account That No Creditor Can Touch. In truth, it’s fairly rare to have a bank account that no creditor can touch. If the case is decided for the creditor, a judgment is granted against you. Try ExtraCredit.

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Debt collector Banks Garnishment Creditors 92

Jimerson Firm

DECEMBER 8, 2020

The Florida Supreme Court has published the proper form to use when seeking a final judgment of foreclosure: Form 1.996(a), Final Judgment of Foreclosure (8-18-20). What Does Form 1.996(a), Final Judgment of Foreclosure, Include? Plaintiffs in Hillsborough county must use the Uniform Final Judgment of Foreclosure form.

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Foreclosure Judgment Law Firms Creditor's Rights 98

Account Recovery

AUGUST 16, 2024

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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Garnishment Fair Debt Collection Law Firms Judgment 130

Account Recovery

AUGUST 16, 2024

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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Garnishment Fair Debt Collection Law Firms Judgment 130

Credit Corp

MAY 30, 2023

A judgment is an order issued by a judge or jury to settle a lawsuit. In this case, the judge may order you to pay the other party as part of the court’s final judgment. The order can be issued in one of two forms: A monetary judgment: A judgment that orders one party to pay the other party a specific amount of money.

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Judgment Garnishment Creditors Law Firms 75

FFGN COLLECT NY

MARCH 18, 2025

Looking to execute on a judgment but need more information about the judgment debtors assets to collect? A debtors exam provides an opportunity for the creditor to question the judgment debtor and discover information related to the defendants assets. In this case, the judgment debtor rents to three separate tenants.

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Debtor Judgment Collections Banks 52

Account Recovery

OCTOBER 31, 2024

One of the nation’s largest credit card lenders has had a summary judgment ruling in its favor affirmed by the Court of Appeals for the Ninth Circuit, after it was sued for allegedly violating the Americans with Disabilities Act and the Family Medical Leave Act by an employee who had been terminated.

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Creditors Judgment Lender Banks 130

Account Recovery

JUNE 2, 2021

A District Court judge in North Carolina has granted a defendant’s motion for summary judgment in a Telephone Consumer Protection Act case after it was sued for allegedly placing “several” hundred calls to the plaintiff’s cell phone in an effort to attempt to collect a debt, ruling that the technology used by the defendant did (..)

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Collections Judgment Banks 246

Account Recovery

FEBRUARY 18, 2025

The banking industries who create these uniform agreements are better positioned to rectify this issue than the consumers the FDCPA seeks to protect. Translation: to CYA, you need better original creditor contracts.] See this vivid sinkhole video from July 2024.

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Fair Debt Collection Law Firms Bankruptcy Judgment 130

Account Recovery

DECEMBER 7, 2022

A District Court judge in Arizona has granted a defendant’s motion for summary judgment in a Fair Credit Reporting Act case, ruling that any ambiguity in how debts are reported by the credit reporting agencies is not necessarily the fault of the furnisher as long as the information being furnished is accurate, and that the … The post Judge (..)

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Judgment Banks 241

Account Recovery

JANUARY 13, 2025

Autopay Disruption Leads Judge to Deny MJOP in FCRA Case A District Court judge in Illinois has denied a defendants motion for judgment on the pleadings in a Fair Credit Reporting Act case that stemmed from the defendant disabling the autopay feature on the plaintiffs account, after it had been used to make 95 monthly payments in a row.

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Healthcare Debt collector Banks Debtor 130

Jimerson Firm

MARCH 10, 2021

Oftentimes, individuals or businesses borrow money from a bank or lender, and unfortunately, are unable to pay the loan payments. In this event, the borrower may try to shift the blame of their inability to pay on the bank or lender, by filing a claim for negligent loan processing or underwriting, and/or breach of fiduciary duty.

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Banks Loans Lender Financial services 98

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. 55.501, Fla. 55.505, Fla.

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Judgment Debtor Garnishment Creditors 59

Account Recovery

AUGUST 19, 2020

A District Court judge in Kansas has granted a defendant’s motion for summary judgment in a Telephone Consumer Protection Act case, becoming the latest to wade in and choose sides on how an automated telephone dialing system is defined. A copy of the ruling in the case of Hampton v.

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Judgment Banks 147

Better Credit Blog

MAY 12, 2022

In my recent experience, it’s not hard to remove judgments from your credit report as long as you follow the proper steps. Many readers assume it’s impossible to have the credit bureaus remove civil judgments because they involve the court system. It’s still possible you could see a judgment pulling down your credit score.

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FFGN COLLECT NY

MARCH 25, 2024

At the time of the interview, Press had indicated that it may not be possible for the former President to bond the State’s almost Five Hundred-Million-dollar ($500,000,000.00) judgment. If the bond cannot be posted and execution of the judgment is not stayed, the judgment can be enforced here in New York and elsewhere.

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