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A District Court judge in New Jersey has granted a defendant’s motion to dismiss a third-party complaint filed against it by a collectionlawfirm over issues with a wage garnishment. The background: The dispute began when the plaintiff, a consumer, owed a debt which the lawfirm was assigned to collect.
A state Appeals Court in Washington has partially affirmed — and partially overturned — a lower court’s dismissal of a case against a creditor and collectionlawfirm, ruling that the plaintiff pleaded sufficient facts to survive a motion to dismiss that the firm violated state law by not disclosing required information when filing (..)
A District Court judge in Minnesota has awarded 25% of the attorney’s fees sought by the plaintiff in a Fair Debt Collection Practices Act case, ruling the plaintiff’s request unreasonable for a number of reasons. The background: The case stemmed from attempts to collect on a 2007 mortgage loan.
SoloSuit, a legal tech startup helping consumers resolve debt collection lawsuits, has named Attorney Yale R. Levy, founder of Levy & Associates, LLC, a multi-state collectionlawfirm, and former President of the National Creditors Bar Association (NCBA), brings decades of debt collection expertise to the company.
Class Action Accuses Collector of Using Inaccurate Creditor Name; State Court Judge Dismisses Suit for Lack of Standing first appeared on AccountsRecovery.net. Class Action Accuses Collector of Using Inaccurate Creditor Name; State Court Judge Dismisses Suit for Lack of Standing appeared first on AccountsRecovery.net.
A District Court judge in Maryland has granted a motion to dismiss claims that a creditor and a collectionlawfirm violated the Fair Debt Collection Practices Act and state consumer protection laws, ruling that the plaintiffs allegations failed to plausibly demonstrate any unlawful conduct.
We’ve all seen cases where a consumer files a lawsuit against a company in the credit and collection industry and the company then seeks to invoke the arbitration clause that was included in the original agreement between the consumer and the creditor. The lawfirm filed a collection lawsuit in state court.
The result is an innovative, technology-enhanced recovery platform that helps creditors navigate regulatory complexities, optimize performance, and ensure fair and ethical collections practices. ✔ Ethical & Transparent Collection Practices Upholding truthfulness, fairness, and professionalism in every interaction.
The administrators of a collapsed Liverpool lawfirm have admitted they do not know if creditors will receive a return, amid ongoing uncertainty over exactly how the business came to grief. Meanwhile, the amount owed to creditors within a year jumped from £5.8m a year before.
An interesting Fair Debt Collection Practices Act case out of Minnesota involving a creditor who mis-spelled a customer’s first and last name incorrectly when placing the account with a lawfirm for collection, a customer who changed her name before filing for bankruptcy protection, and a lawfirm that may or may not do enough … The post (..)
A District Court judge in California has denied a defendant’s motion to compel arbitration in a Fair Debt Collection Practices Act case, ruling that the collectionlawfirm’s actions were independent of the original creditor, and thus not subject to the original agreement’s arbitration clause.
Gordon of the District Court for the District of Nevada ruled that the defendant, a debt collectionlawfirm, lacked the necessary minimum contacts with Nevada to establish personal jurisdiction. The background: The case stemmed from a consumer credit card debt judgment originally obtained in Tennessee by a creditor.
Merchant of the District Court for the Eastern District of New York issued the ruling, determining that the plaintiff failed to establish sufficient connections between the lawfirm and the state of New York to justify her authority over the defendant. Translation: to CYA, you need better original creditor contracts.]
Lawfirms usually collect money in arrears, ie – we’ve done the work, now kindly pay us. Most often, that payment is collected via a standard invoicing process. A bill is sent to the client; then, the firm waits to get paid. And, it can be done in a lawfirm.
Collaboration with lawfirms and Debt Collection Agencies (DCAs) is an integral part of modern collections and recoveries practices. Not only at the stage of the legal action where the involvement of legal professionals is necessary, but also at the earlier, amicable collections stages. Risk of misrepresentation.
A “tidal wave” of lawsuits seeking to collect and recover on unpaid debts is “imminent,” according to SoloSuit, a company that helps individuals respond to collection lawsuits. Rising […]
Prior to joining Velocity, Michael co-founded a fintech consulting firm, Maxwell & Graves Solutions, and was responsible for building and leading Collections & Recovery at Prosper Marketplace. Mark Ravanesi is coming onto the RMAI Board of Directors for 2025, in the certified third-party collection agency seat.
That said, let me walk you through all the elements of this particular email that tip it off as a scam: From: Sherrill Green <SherrillGreen@outlook.com> Wait, the prestigious “Webster LawFirm” doesn’t have it’s own domain and you’re using a generic outlook.com account? That’s odd.
When a debtor owes a creditor money and the creditor is seeking assistance collecting the amount owed, the creditor can either use a collectionlawfirm or a collection agency. Lawfirms and collection agencies serve the same purpose initially.
TEC Services Group is the leading technology and professional services firm in the credit collections industry offering both leading industry solutions along with unrivaled, unbiased, and experienced support. I am thrilled to announce that the Getting to Know series will be sponsored by TEC Services Group in 2024.
When obtaining a judgment in a debt collection action and, thereafter, seeking to enforce that judgment, debt collectors must be aware of the EIPA and proceed accordingly. More details here. WHAT THIS MEANS, FROM JACQUELYN DICICCO OF J. More details here.
A Magistrate Judge in Ohio has gone to great lengths to recommend that a Fair Debt Collection Practices Act lawsuit filed against a creditor and the lawfirm it used to collect on an unpaid debt be dismissed on the grounds that the plaintiff’s complaint fails to state a claim against any of the defendants […]
A collections notice shows up, a debt collector starts calling or you find a negative report on your credit history, but you know you paid the account in question. Can you sue a company for sending you to collections for money you didn’t owe? How Does the Law Protect Your Rights Regarding Credit Collections and Reporting?
The California Court of Appeals has dismissed an appeal filed by a plaintiff who sued a creditor that purchased a debt, its attorney, and the lawfirm that was used to collect on the debt claiming that they violated state and federal laws because the right to compel arbitration was not transferred to those entities […]
WHAT THIS MEANS, FROM JUSTIN PENN OF HINSHAW CULBERTSON: Too often the ARM industry finds itself defending federal litigation that arises out of unsuccessful state court collection lawsuits, and this case is helpful in at least two ways. First, it supports the notion that not all failed collection litigation should result in an FDCPA claim.
Cohen & Associates LLC, our commercial collections attorneys have over five decades of commercial collections experience. Our firm’s attorneys relentlessly and aggressively pursue the collection of debts on behalf of our clients while maintaining the utmost ethical standards to do so. What is ethical debt collection?
Now, the thing that’s interesting is that most lawfirms – most employers, I would go so far as to say – treat in-office and virtual employees the same way. Remote employees also require lawfirms to adopt additional policies. When the nature of work changes, the collection of your office policies needs to be updated.
If you can use the same process for billing every time, it makes it much easier to repeat that process, including for collection purposes. But, as with many things that require repetition in business, the use of templates can help tremendously, in streamlining your lawfirm processes.
Lawfirm account s receivable can be gnarly, sometimes extending into the six figures. Of course, you may not ever get to 100% collection rates – that’s a tall order – and, you may have some accounts receivable to deal with already. Now, there are a couple of responses to that. Contact us for template fee agreement clauses!
At this point, it’s probably foolish to prohibit the use of AI for you r associates and staff, because it’s even embedded in Microsoft 365 and Google Workspace, at this point – productivity softwares that almost every attorney and lawfirm staffperson use at least one of. We’ve got one!
Booking initial consultations are essential for most lawfirms. That’s how the vast majority of lawyers vet their potential clients, and determine whether or not they are a fit for the firm. Of course, actually collecting that payment, has always been the hard part. Getting paid for a consultation, is simpler than ever.
One of the things that came out of the pandemic was that it was clear that lawfirms need ed to think more granularly about their intake processes. Now , in thinking about your lawfirm’s intake process , understand that it comes in stages. So, when it comes to intake, it’s: qualify, then collect.
But, there is a pathway to make better decisions about how to run a lawfirm – and, as it turns out, the data’s right there in front of you. Most lawfirms are using case management software or accounting software, which is where lawfirm financial data is arrayed. What’s your collection rate ? –
You can remove collection accounts from your credit report by disputing inaccuracies, asking for goodwill deletions, or requesting a pay for delete agreement. Collection accounts are bad for your credit score. So if you have a debt in collections, your credit score has likely taken a dip.
Now, ever since the COVID-19 pandemic hit, lawfirms have been far more attuned to intake, than previously – but, there are still some refinements that can be made, to that process. First, lawfirms should endeavor to create a ‘universal intake form’ – that can be used by any staffperson or outside vendor, in any context.
By choosing to enlist the help of a debt collectionlawfirm you can take advantage of a number of different debt collection options to assist in the collection of monies owed to you. Collection attorneys work as a “legal” agency. A creditor may have an interest in an asset (i.e. Security Interest.
If you are having trouble collecting a commercial debt, you may wonder what you can do to make the debtor pay. The truth is, you have many tools available to you under Massachusetts law. The experienced commercial collections attorneys at the Law Offices of Alan M. Cohen LLC know how to choose the right tools for the job.
So, if your lawfirm is really bad about keeping in touch with clients and referrals sources, why not pretend like you just started your lawfirm? So, what would you do if you were reopening a lawfirm, say , 10 years in? Rebrand as if you’re branding your lawfirm for the first.
In the event the borrower defaults, usually by failing to make loan payments, a secured creditor has a right to take possession of the collateral. The quickest and cheapest way for a secured creditor to take possession of the collateral is by self-help repossession. 679.609, Fla. What Does it Mean to “Breach the Peace”? 2d at 625 (Fla.
French debt collection agencies are particularly prevalent due to the country’s strong economic dependence on Small Businesses and Medium enterprises. Recovering business-to-business debts (B2B) takes on considerable importance for debt collection attorneys across France. A Five Step Process to Recovering your Debts in France.
Modern lawfirm consumers are an entirely new breed. They have more lawfirm options than ever before, and aren’t afraid to use them. This can be frustrating for lawfirms, whose billing practices tend to be antiquated. They are committed to mobile search. if you’re willing to try them.
Lawfirms work vigorously to convert leads: to get those leads to pay retainers and sign engagement agreements. This paucity of response is one of the reasons that lawfirms have a bad reputation for customer service. And, that’s why your lawfirm should adopt and utilize a client journey.
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