This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
The Court of Appeals for the Eighth Circuit has vacated a judgment in favor of a plaintiff who alleged a debt buyer violated the FairDebtCollection Practices Act because the collectionagency it used to collect on an unpaid debt contacted the plaintiff even though she was represented by an attorney — a fact … The post Appeals Court Vacates (..)
The background: The case stems from a debt incurred by the plaintiff following medical care at a hospital. The plaintiff argued that the debt should have been covered by Washington’s Medicaid plan or through charity care, and thus she did not owe it. Learn more.
A District Court judge yesterday granted a plaintiff’s motion for summary judgment, ruling that a collectionagency that allowed collectors and other staff to work remotely violated the FairDebtCollection Practices Act and ordered the agency to bring all employees back to the office.
A District Court judge in Indiana has adopted a Magistrate Judge’s Report and Recommendation that grants summary judgment in favor of a plaintiff who sued a collectionagency for violating the FairDebtCollection Practices Act for sending a letter to the plaintiff after she had communicated that she was refusing to repay the debt.
A District Court judge in Indiana has granted a defendant’s motion for summary judgment, ruling that the collectionagency was entitled to the FairDebtCollection Practices Act’s bona fide error defense because a fax that was sent by the plaintiff’s attorney disputing a debt was forwarded to the wrong department.
A medical collectionagency will send written demands and make persistent phone calls to your patients. Since debt collectors are on the phone all day long, they know every tactic to get paid. Since debt collectors are on the phone all day long, they know every tactic to get paid. Need a Medical CollectionAgency?
More bankruptcies mean higher charge-offs for creditors and increased reliance on third-party collectionagencies. With this uptick, regulatory scrutiny may rise, leading to more complaints and lawsuits under laws like the FDCPA (FairDebtCollection Practices Act) and Regulation F due to errors in handling bankrupt debt.
A District Court judge in Indiana has granted a defendant’s motion for summary judgment after it was sued for violating the FairDebtCollection Practices Act because it did not catch a debt that was disputed via fax because the collectionagency was entitled to the Bona Fide Error defense.
A District Court judge in Texas has granted a plaintiff’s motion for default judgment in a FairDebtCollection Practices Act case against a collectionagency — 18 months after the parties had reached […]
The Court of Appeals for the Tenth Circuit has affirmed a summary judgment ruling in favor of a defendant that was sued for violating the FairDebtCollection Practices Act because it was not licensed as a collectionagency when it filed a lawsuit to collect on an unpaid debt.
APPEALS COURT VACATES JUDGMENT FOR PLAINTIFF IN FDCPA CASE The Court of Appeals for the Eighth Circuit has vacated a judgment in favor of a plaintiff who alleged a debt buyer violated the FairDebtCollection Practices Act because the collectionagency it used to collect on an unpaid debt contacted the plaintiff even though … The post Daily Digest (..)
A District Court judge in Hawaii has denied a defendant’s motion for summary judgment after it was sued for violating the FairDebtCollection Practices Act because it sued to collect on an unpaid debt yet was not registered in the state as a collectionagency.
A Utah Appeals Court has affirmed the lower court’s summary judgment ruling in favor of a defendant that was sued for violating the FairDebtCollection Practices Act because it filed a collection lawsuit against the plaintiff when it was not licensed under the Utah CollectionAgency Act.
If you ignore a debtcollectionagency, several potential consequences could affect your financial well-being and peace of mind: Persistent Contact : Debtcollectionagencies might persist in attempting to contact you through phone calls, letters, and possibly emails. This can be stressful and disruptive.
JUDGE GRANTS MSJ FOR DEFENDANTS IN FDCPA DISPUTE CASE A District Court judge in Indiana has granted a defendant’s motion for summary judgment, ruling that the collectionagency was entitled to the FairDebtCollection Practices Act’s bona fide error defense because a fax that was sent by the plaintiff’s attorney disputing a debt was … The post (..)
If you or someone you know has dealt with a collectionagency, you know how trying it can be. Debtcollectionagencies have a long history of harassment and illegal practices. Can a collectionagency report to a credit bureau without notifying you? Attempts to Collect a Debt Not Owed.
In what I imagine is a scenario that is all-too familiar inside collectionagencies across the country, a District Court judge in Washington has granted a defendant’s motion for summary judgment after it was sued for violating the FairDebtCollection Practices Act because it attempted to collect on an unpaid healthcare debt before it […] (..)
A District Court judge in Nevada has granted a defendant’s motion for judgment on the pleadings in a Fair Credit Reporting Act and FairDebtCollection Practices Act case involving duplicative entries on the plaintiff’s credit report from a collectionagency and a creditor related to the same debt, although the amounts of the debt […] (..)
The plaintiff won a $2,000 judgment against the apartment complex in Maryland state court for issues related to mold in his apartment, but never collected on it. In his ruling, Judge Grimberg found no evidence that the Maryland judgment was related to or altered the outstanding balance that the defendant sought to recover.
A District Court judge in Washington has adopted a Magistrate Court judge’s recommendation to grant a plaintiff’s motion for partial summary judgment on a FairDebtCollection Practices Act claim against a collectionagency, ruling the defendant had no valid defense to the actions it took against the plaintiff.
A District Court judge in North Carolina has granted a defendant’s motion for summary judgment in a FairDebtCollection Practices Act case, ruling the use of a local phone number from a collectionagency based in another state and that 14 phone calls placed during a one-month period — even though 13 of those … The post Judge Grants (..)
JUDGE GRANTS MSJ IN FDCPA CASE OVER CALL VOLUME, USE OF LOCAL NUMBER A District Court judge in North Carolina has granted a defendant’s motion for summary judgment in a FairDebtCollection Practices Act case, ruling the use of a local phone number from a collectionagency based in another state and that 14 … The post Daily Digest – May 1.
On August 31, 2021, the Seventh Circuit Court of Appeals reversed a summary judgment decision from the United States District Court for the Northern District of Illinois, and remanded the action with instructions to dismiss for lack of subject matter jurisdiction. Both of the parties moved for summary judgment. See Wadsworth v.
Judge Grants MTD in FDCPA Class Action Over Language in Letter A District Court judge in New Jersey has granted a defendant’s motion to dismiss a FairDebtCollection Practices Act class-action lawsuit, but not on the merits as the defendant had sought. Read on to hear what the experts have to say this week. More details here.
Commercial debtcollectionagencies can be tremendously effective partners for almost any small business that offers credit to their customers. To be perfectly honest, there is not much that a commercial debtcollectionagency can’t do to help improve your company’s cash flow.
When collecting a debt from you, collectionagencies must adhere to federal and state rules. Fortunately, the federal FairDebtCollection Practices Act (FDCPA) protects all states. To learn more about pursuing your legal rights, contact your state’s local consumer agency. or after 9 p.m.
Here’s one example of how a zombie might rise with help from a collectionagency. You default on a debt. The original lender or collectionagency fails to collect within the statute of limitations. The unpaid debt falls off your credit report after a certain amount of time.
When a debtor owes a creditor money and the creditor is seeking assistance collecting the amount owed, the creditor can either use a collection law firm or a collectionagency. Law firms and collectionagencies serve the same purpose initially.
Court of Appeals for the Tenth Circuit upheld a trial court’s order granting summary judgment in favor of a debt buyer holding that claim preclusion barred the plaintiff’s claims brought under the FairDebtCollections Practices Act (FDCPA) and Utah’s Unfair Claims Settlement Practices Act (UCSPA).
Sometimes, that debt gets out of hand and businesses find themselves on the receiving end of calls from commercial debtcollectionagencies. Calls from a commercial debt collector can create an enormous amount of stress for many business owners. What Do Commercial DebtCollectionAgencies Do?
Whether you have medical debt, credit card debt or unpaid student loans , getting calls or letters from debtcollection companies can be frustrating. But it’s especially frustrating if your debt is several years old. Can a debt collector collect after 10 years? Settle it.
Read on to learn more about H&R Accounts and how you need to respond to their collection attempts. H&R Accounts is a small debtcollectionsagency headquartered in East Moline, Illinois. A division of Avadyne Health, H&R Collections, Inc. mostly collects on debt in the healthcare industry.
On September 4, 2020, the Second Circuit Court of Appeals overturned summary judgment granted to a debt collector who had sent collection documents to the wrong person, ruling that it was not entitled to the bona fide error defense because it lacked procedures governing the factual mistake.
If you fall into hard times, the inability to pay off your credit card bills or student loans can result in your debts being transferred to a debtcollectionagency. Not only is this untrue, but the debt they are attempting to collect might not even be yours! Debt Validation.
FDCPA ( FairDebtCollection Practices Act). The FairDebtCollection Practices Act (FDCPA) is a federal law that restricts the behavior of collectionagencies when they are attempting to collect money from individuals. The law does not apply to collecting from businesses.
Fortunately, there are a few strategies you can use to get a collectionsagency like MBA off your report and improve your credit score. Bluhm and Associates, the small debtcollectionagency/law firm is located in Texas and collects medical debts across the country. Get proof of the debt.
This means that even a debt that is older than that may still be able to be collected on if you’ve made a payment sometime in the last four to six years. In some states, a collectionagency cannot try to collect at all once a debt is past the statute of limitations. Always respond to legal summons.
Portfolio Recovery Associates, LLC, is a collectionagency that buys old debts from lenders and companies that have been unable to collect the debt themselves. Portfolio Recovery buys multiple accounts with old debt from companies that have given up and “charged off” the accounts. Ask Lex Law for Help.
We’ll also arm you with tools like Credit.com’s free credit report card to stave off the next wave of debt-related threats. Key Takeaways: Zombie debt arises based on collectionagencies. It may be possible to settle zombie debt with your original creditor. How Does Zombie Debt Work?
Is Ad Astra Recovery Services stressing you out with calls about outstanding debts? Being contacted by a collectionsagency can be frustrating, but the damage to your credit score can be far worse than their persistent phone calls and letters. They can help you recover from a range of credit-related issues, such as: Collections.
No matter how much you’ve planned and prepared for this with your company’s credit application or business agreements, sometimes you might have to take things to the next level to collect money that belongs to you. When this happens, skip the collectionagencies and choose a collections attorney to help you.
Lenders and companies who provide you with paid services will attempt to reach you to collect payment on late accounts for a period of time. After some time, they may turn your debt over to collections. At that point, a collectionagency could be hired to assist them with the process. Send a Debt Validation Letter.
We organize all of the trending information in your field so you don't have to. Join 19,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content