Account Recovery

JANUARY 17, 2022

When is a communication from a debt collector not an attempt to collect a debt? If it says so in a letter to an attorney representing a consumer, is that enough?

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Fair Debt Collection Collections Debt collector Judgment 246

Account Recovery

FEBRUARY 20, 2025

A District Court judge in Michigan has denied a defendant’s motion for judgment on the pleadings in a Fair Debt Collection Practices Act case, ruling that the defendants attempt to impose a 5% interest rate on the debt without clear contractual or legal authorization may constitute a violation of the FDCPA.

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Fair Debt Collection Debt collector Judgment Collections 130

Account Recovery

MARCH 10, 2025

ROBBIN LAW: After the New York Attorney General Letitia James (NYAG) recent crack downs on debt collectors violations of New Yorks Exempt Income Protection Act (EIPA), the NYAG has provided debtors with a guide on their rights under the EIPA. More details here. WHAT THIS MEANS, FROM JACQUELYN DICICCO OF J. More details here.

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Debt collector Fair Debt Collection Debtor Judgment 130

Account Recovery

FEBRUARY 24, 2025

In a case that was defended by the team at Martin Golden Lyons Wats Morgan, a District Court Judge in Colorado has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act lawsuit, ruling that the debt collector did not violate the statutes debt verification requirements.

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Fair Debt Collection Debt collector Judgment Collections 130

Account Recovery

JANUARY 29, 2025

The background: The case originated when the plaintiff’s delinquent account was placed with the defendant for collection in July 2021. Beginning in September of that year, the defendant began reporting the debt to credit reporting agencies. So the district court correctly granted summary judgment to [the defendant].”

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Fair Debt Collection Debt collector Judgment Collections 130

Account Recovery

OCTOBER 5, 2021

The Supreme Court of Montana has affirmed a lower court’s ruling against a plaintiff’s attorney who filed suit against a debt collector, another attorney who was hired to collect on a judgment against the plaintiff’s attorney, and a law firm that had agreed to have its offices used for a deposition after a judgment was … The (..)

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Law Firms Debt collector Judgment Collections 246

Account Recovery

MARCH 17, 2025

They are difficult to defend because rarely are they suitable for a motion to dismiss and, instead, must go through discovery and then a motion for summary judgment. A debt collector who is not satisfied with their internal policies and procedures should not be willing to go down this path.) More details here.

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Debt collector Fair Debt Collection Judgment Consumer Credit 130

Account Recovery

MAY 15, 2023

A Magistrate Court judge in Nevada has partially granted a plaintiff’s motion for summary judgment in a Fair Debt Collection Practices Act case — but only on the grounds that there are no genuine issues of material fact that the plaintiff is a consumer, the defendant is a debt collector, and the debt in question …

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Fair Debt Collection Debt collector Judgment Collections 246

Account Recovery

AUGUST 18, 2020

The Ninth Circuit Court of Appeals has overturned a lower court’s ruling that granted summary judgment in favor of a debt collector that was sued for violating the Fair Debt Collection Practices Act because it was entitled to the Bona Fide Error defense, determining that the lower court erred in assessing the BFE test.

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Fair Debt Collection Debt collector Judgment Collections 246

Account Recovery

OCTOBER 11, 2021

A District Court judge in Ohio has awarded a plaintiff more than $70,000 in damages and attorney fees after a default judgment was entered against a defendant in a Fair Debt Collection Practices Act case that accused the defendant of not properly identifying itself as a debt collector in conversations between the two and for … The post Judge (..)

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Fair Debt Collection Debt collector Judgment Collections 246

Account Recovery

AUGUST 19, 2020

A District Court judge in Utah has certified a Fair Debt Collection Practices Act class action case which accused a defendant of pursuing judgments on defaulted debts without registering as a debt collector in the state. A copy of the ruling in the case of Lawrence v.

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Fair Debt Collection Debt collector Judgment Collections 246

Account Recovery

DECEMBER 5, 2022

” … The post Calif.

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Creditors Fair Debt Collection Debt collector Judgment 242

American Profit Recovery

MAY 5, 2023

We always advise the organizations we work with to have an internal debt collection strategy prior to issuing accounts to a collection agency. There are many ways to get your customers to pay before handing that account over to your debt collection agency. Such as a onetime debt from a client.

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Collections Collection Agencies Collections Agency Debt collector 208

Account Recovery

MARCH 25, 2022

A District Court judge in Illinois has dismissed a Fair Debt Collection Practices Act claim made by a plaintiff — who has the same name as a plaintiff’s attorney — against a debt collector while denying the defendant’s motion for summary judgment on a Telephone Consumer Protection Act claim, ruling that it isn’t clear (..)

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Fair Debt Collection Debt collector Judgment Collections 243

Account Recovery

JANUARY 6, 2025

Debt Collectors Cited in CFPB Post about New Junk Fee Tactics The Consumer Financial Protection Bureau has intensified its scrutiny of junk fees in the financial marketplace, with debt collectors and loan servicers squarely in the crosshairs this time. 23, 2025 sets up a summary judgment showdown for July 2025.

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Debt collector Judgment Loans Collections 130

Account Recovery

AUGUST 18, 2020

APPEALS COURT OVERTURNS FDCPA CASE THAT USED BFE DEFENSE The Ninth Circuit Court of Appeals has overturned a lower court’s ruling that granted summary judgment in favor of a debt collector that was sued for violating the Fair Debt Collection Practices Act because it was entitled to the Bona Fide Error defense, determining that the … The post (..)

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Fair Debt Collection Debt collector Judgment Collections 228

Credit Corp

DECEMBER 14, 2020

Whether you have medical debt, credit card debt or unpaid student loans , getting calls or letters from debt collection companies can be frustrating. But it’s especially frustrating if your debt is several years old. Can a debt collector collect after 10 years? Get Help Now.

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Debt collector Collections Judgment Collection Agencies 98

Account Recovery

JANUARY 16, 2025

The background: The cases, filed in the District Court for the Western District of Oklahoma, alleged violations of Section 1692e(8) of the FDCPA, which prohibits debt collectors from failing to communicate that a disputed debt is disputed. Learn more. And more.

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Fair Debt Collection Debt collector Judgment Collections 130

Account Recovery

DECEMBER 30, 2024

A pro se consumer had managed to get a 3-judge panel of the Court of Appeals to reverse (in a 2-1 decision) lower court rulings finding that PRA had established its standing to sue and its ownership of the debtors account in the underlying collection action, and judgment in its favor on the debt. More details here.

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Fair Debt Collection Judgment Lawyers Bankruptcy 130

Debt Free Colorado

FEBRUARY 21, 2022

In this article we will answer the question: What can debt collectors do to you? Does Colorado Law Protect Me From Debt Collectors? When collecting a debt from you, collection agencies must adhere to federal and state rules. What is the Federal Fair Debt Collection Practices Act (FDCPA)?

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Debt collector Fair Debt Collection Collection Agencies Collections Agency 98

Collections Law

APRIL 23, 2024

Winning a judgment from the court might feel like a victory, but getting paid might be a whole new battle that you and your company were not expecting. Our tenacious commercial collections attorneys are relentless and aggressive when it comes to collecting money and enforcing judgments t to get our clients get paid.

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Judgment Judgment Enforcement Commercial Collection Collections 98

Account Recovery

NOVEMBER 6, 2020

In a case that was spotlighted by Barron & Newburger, a Magistrate Judge in Ohio has granted partial summary judgment in favor of a plaintiff who sued a debt collector for allegedly violating the Fair Debt Collection Practices Act because it did not identify itself as a collector when leaving voicemail messages.

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Fair Debt Collection Debt collector Judgment Collections 189

Collections Law

JULY 28, 2023

Large businesses and corporations that encounter nonpayment of business debt may assume that getting a court judgment against the non-paying company is all that is necessary. There are companies who will still withhold payment even after a court judgment. When they do, you need an attorney who knows how to collect on a judgment.

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American Profit Recovery

MARCH 15, 2024

It’s relatively inexpensive to file a claim, and if you have paperwork to back up your claim, your business will often achieve a favorable judgment. A small claims judgment is just that, an order from the court for the client to pay your business. In short, it becomes your responsibility to enforce that judgment.

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Judgment Collection Agencies Collections Agency Garnishment 211

Account Recovery

FEBRUARY 24, 2025

Appeals Court Reverses Arbitration Ruling for Defendant in Collection Case A New Jersey Appeals Court has overturned a lower courts ruling in favor of a defendant that had granted arbitration in a collection lawsuit more than a year after the complaint had been filed and litigated. Stay tuned!

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Debt Buying Debt collector Credit Unions Credit Unions 130

Account Recovery

AUGUST 3, 2020

Judge Grants MSJ in FDCPA Case; CFPB Argues Seila Law Ruling Shouldn’t Keep Collection Firm From CID Response appeared first on AccountsRecovery.net.

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Fair Debt Collection Debt collector Collections Judgment 147

Account Recovery

AUGUST 26, 2024

The background: The case arose from an attempt to collect a debt owed by the plaintiff, who had defaulted on a loan that was later purchased by the defendant, a debt buyer. The debt buyer referred the plaintiff’s account to a collection law firm to pursue legal action. The ruling: In this ruling, Judge Anthony J.

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Law Firms Fair Debt Collection Collections Judgment 130

Account Recovery

FEBRUARY 18, 2025

More bankruptcies mean higher charge-offs for creditors and increased reliance on third-party collection agencies. With this uptick, regulatory scrutiny may rise, leading to more complaints and lawsuits under laws like the FDCPA (Fair Debt Collection Practices Act) and Regulation F due to errors in handling bankrupt debt.

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Nexa Collect

JANUARY 12, 2022

If you plan to outsource your accounts receivable to an aggressive collection agency, then kindly read this article and be aware of all the risks you are taking. Times have changed when collectors could easily put aggressive pressure on debtors or use forceful tactics to recover your money, without any repercussions.

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Collection Agencies Collections Agency Debt collector Collections 130

Credit Corp

MAY 19, 2021

And can debt collectors actually follow you to another country? It might be tempting to leave all your debts behind. We’ll walk you through the process, as well as some alternatives, so you can make the right choices for tackling your debt. Can Debt Collectors Follow You to Another Country?

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Nexa Collect

JANUARY 19, 2022

If you think that ignoring written demands and calls from a collection agency will spare you from all the consequences, then you are wrong. A debt collector has several ways to find your latest address, phone number, and employer information. Ignoring a debt collector’s calls can be quite unfavorable.

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Collections Debt collector Collection Agencies Collections Agency 130

Credit Corp

JUNE 3, 2020

A judgment is an order issued by a court of law. When you borrow money, you are legally required to repay the debt. So, what happens when you don’t pay a bill or repay a debt? The company, creditor or collection agency has legal ways to pursue payment. If they are successful, the court issues a judgment against you.

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Judgment Garnishment Creditors Law Firms 98

Credit Corp

JUNE 3, 2021

Can debt collectors take money from your bank account to offset debts you owe them? But it takes a lot to get to that scenario, so if you’re not there yet you still have time to learn how to protect yourself from this type of collections activity. Don’t Let Debts Get to the Garnishment Stage.

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Debt collector Banks Garnishment Creditors 92

Account Recovery

AUGUST 3, 2020

A District Court judge in Tennessee has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, agreeing that the defendant does not meet the definition of debt collector under the statute, in large part because the plaintiff’s agreement with the creditor spells out the exact nature of the relationship (..)

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Fair Debt Collection Debt collector Judgment Creditors 173

Account Recovery

JANUARY 13, 2025

THE COMPLIANCE DIGEST IS SPONSORED BY: CFPB Targets Workplace Communications by Debt Collectors in Blog Post The Consumer Financial Protection Bureau is back with another blog post warning consumers about unfair debt collection practices, this time surrounding being contacted while at work. More details here.

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Healthcare Debt collector Banks Debtor 130

Nexa Collect

MARCH 12, 2021

Debt collection agencies in PR include Kinum , TSI , CICA, ILCA and Professional recoveries. Spanish and English-speaking debt collectors are required for Puerto Rico debt collection. Need a Collection Agency in PR? Local debt collectors ). Contact us. 981p (12)).

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Collection Agencies Collections Agency Collections Garnishment 130

Credit Corp

AUGUST 31, 2021

Getting calls from debt collectors can be frustrating and even confusing. That’s even truer when someone is contacting you about an old debt you forgot about, thought was long resolved, or didn’t know about in the first place. Can a debt collector collect after 10 years, for example?

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Debt collector Collections Collection Agencies Collections Agency 75