Troutman Sanders

JANUARY 29, 2024

As background, in 2002, the debtor and her then-spouse jointly filed a “no asset” Chapter 7 bankruptcy petition. Five months after the debtor received her discharge, Metris Companies assigned the credit card debt to Florida Credit Research, which sued the debtor in state court and received a judgment in its favor.

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Sawin & Shea

JANUARY 11, 2024

Since 2005, a debtor education course from an approved provider is mandatory for anyone who files for bankruptcy. Debtor education classes provide customized guidance based on your unique circumstances. Since then, bankruptcy filers have been required to take both a bankruptcy credit counseling course and a debtor education course.

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Collections Law

OCTOBER 5, 2020

Hiring the debt recovery collection attorneys at the Law Offices of Alan M. Cohen LLC is the answer to one of the most challenging aspects of running a business — tracking down delinquent debtors who refuse to pay. You may have heard the words “attachments” and “garnishments” thrown around.

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Account Recovery

AUGUST 26, 2024

Judge Dismisses Remaining FDCPA Claim in BK Case A District Court judge in Illinois has dismissed the remaining claim in a Fair Debt Collection Practices Act case against a defendant, citing a lack of subject matter jurisdiction because the plaintiff lacked standing to sue. Collection Professionals, Inc. More details here.

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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. Your credit card address, your USPS change of address, address on your most recent bills are collected by data aggregation companies and/or credit reporting agencies.

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Direct Recovery

JUNE 24, 2020

With an unprecedented number of Americans filing for unemployment, debt collection has been harder than ever for collectors who are attempting to work from home, and business isn’t going to get any better on account of those $1,200 stimulus checks, especially here in California. Money Collected Must Be Returned. The Judgment Factor.

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Collections Law

JANUARY 13, 2023

It is extremely frustrating to discover that your debtor owes other people a lot of money. If your debtor hasn’t declared bankruptcy, there are several ways we can use to try to get you paid, even if you don’t have collateral or a court judgment yet. Since your debtor isn’t in bankruptcy, we can pursue the debt aggressively.

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Collections Law

JULY 6, 2021

When partnering with the experienced commercial litigation debt collection attorneys at the Law Offices of Alan M. Cohen LLC, you will find that the process of domesticating and enforcing foreign judgments against your debtors is a much more straightforward process than one would typically expect.

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Collections Law

OCTOBER 5, 2020

Hiring the debt recovery collection attorneys at the Law Offices of Alan M. Cohen LLC is the answer to one of the most challenging aspects of running a business — tracking down delinquent debtors who refuse to pay. You may have heard the words “attachments” and “garnishments” thrown around. The Law Offices of Alan M.

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Collection Industry News

FEBRUARY 25, 2022

In Minnesota, a creditor may issue a garnishment summons to any third party “at any time after entry of a money judgment in [a] civil action.” In Minnesota, a creditor may issue a garnishment summons to any third party “at any time after entry of a money judgment in [a] civil action.” Debtor brought suit under 15 U.S.C.

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Collections Law

MAY 30, 2024

Cohen & Associates LLC, our commercial collections attorneys have more than 50 years of combined experience. We exclusively practice aggressive and relentless, yet ethical debt collection. Stage 1: Initial invoicing The journey of commercial debt collection begins with invoicing. At Law Offices of Alan M.

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FFGN COLLECT NY

JUNE 3, 2020

With both consumers and small businesses receiving funds from the Paycheck Protection Program (PPP) and CARES Act, questions have come up as to whether these amounts can be frozen or garnished by debt collectors or creditors. Is garnishing PPP or CARES Act funds an option for satisfying outstanding monies owed to judgment creditors?

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Stevens Lloyd

DECEMBER 13, 2018

You have initiated a lawsuit and won a Default Judgment against the debtor. Judgments are worthless unless you can locate and garnish the debtor’s assets, however. Extracting money from judgments necessitates obtaining significant information about the debtor as it relates to their assets. So now what ?

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Collections Law

DECEMBER 27, 2021

Once you manage to receive a judgment from the court for the debt a client or customer owes you, your next step is collecting on that judgment. Cohen LLC, we know how difficult collection can be, even when you have a judgment. Here are three examples of scenarios where post-judgment litigation could help you collect your debt.

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Nexa Collect

APRIL 27, 2021

Simple Answer: Once the bad debt entry hits the credit report, the fear in the debtor’s mind is gone. You just used the most effective tool in debt recovery before giving enough time to the debtor to settle your unpaid bills. The debtor thinks “ What worse can happen? The fear in the debtor’s mind is gone.

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FFGN COLLECT NY

JANUARY 10, 2024

On Tuesday, January 9, New York Governor Kathy Hochul delivered the 2024 State of the State address, discussing certain changes that will affect debt collection within the state. Hochul made it clear that the state will assist consumers in New York by adding greater consumer protections—a plan that will affect creditors and debtors alike.

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Collection Industry News

MARCH 17, 2024

On Tuesday, January 9, New York Governor Kathy Hochul delivered the 2024 State of the State address, discussing certain changes that will affect debt collection within the state. Hochul made it clear that the state will assist consumers in New York by adding greater consumer protections—a plan that will affect creditors and debtors alike.

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Debt RR

AUGUST 3, 2020

This unpaid debt can lead to a serious problem for businesses: garnishment. Bank account garnishment can create serious cash flow blocks for companies of all sizes, and those cash flow problems can compound into other issues, like payroll concerns and late payments on other accounts. Can Debt Collectors Garnish Bank Accounts in Texas?

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Taurus Collect

AUGUST 15, 2023

Navigating the intricate world of debt collection can be a challenging task for businesses of all sizes. That’s why outsourcing debt collection services , particularly in key areas such as Manchester, can be the game-changer your business needs. Failure to adhere to these can lead to lawsuits and damage business reputation.

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FFGN COLLECT NY

NOVEMBER 30, 2022

Last week, the state imposed further limitations on the collection of medical debt by way of new legislation. In 2021, the allowable legal rate of interest that could be imputed on a consumer debt and added to a potential judgment against a consumer debtor was reduced from 9% to 2%.

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FFGN COLLECT NY

AUGUST 12, 2021

When the usual steps, such as levying the debtor’s bank account and garnishing the debtor’s wages, result in little success recovering monies owed, the judgment may seem uncollectible. However, if the debtor is a beneficiary of a deceased New Yorker’s estate, you may be able to enforce the judgment through estate distribution.

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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. 55.505(2), Fla. 55.509, Fla.

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Direct Recovery

APRIL 18, 2023

But that debt can quickly become an anchor weighing down the entire company if growth sputters, and the resulting collections can be even more problematic than the debt in the first place. Of course, there is also the fact that you’re probably more concerned with running your own business than collecting from a failed one.

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Troutman Sanders

JANUARY 28, 2021

This bill modifies the limitations of certain debt collection actions enacted in Senate Bill 20-211 , most notably extending the moratorium on extraordinary collection actions from February 1, 2021 to June 1, 2021. This notice must be written and provided at least 10, but not more than 60 days prior to the commencement of an action.

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Taurus Collect

MAY 11, 2023

It’s important to understand how credit card debt collection works so that you can find the best way for your individual situation. Overview of The Credit Card Debt Collection Process Credit card debt collection can be a stressful experience for both the debtor and the creditor.

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Collections Law

FEBRUARY 28, 2023

Some commercial debtors just won’t pay up even when they’ve lost in court. To turn that judgment into money, you need the experienced collection attorneys at The Law Offices of Alan M. You can’t get any further with a collection agency. Rule 65 injunctions prevent debtors from hiding assets. Can you believe it?

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Sawin & Shea

DECEMBER 21, 2023

This stay halts most collection activities and legal actions against the filer. For debtors, the automatic stay provides critical breathing room to address financial issues under bankruptcy court protection. It is one of the fundamental debtor protections under the Automatic Stay in the Bankruptcy Code.

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Troutman Sanders

FEBRUARY 7, 2023

At a high level, section 547(b) of the Bankruptcy Code allows a bankruptcy trustee to avoid, as preferences, many transfers made by the debtor within 90 days before the filing of the bankruptcy petition. Creditmax Collection Agency, Inc. , Creditmax Collection Agency, Inc. , In Warsco v.

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FFGN COLLECT NY

JUNE 24, 2022

And, if signed into law by Governor Kathy Hochul, the bill would substantially limit the ability of medical providers to enforce judgments obtained against New York debtors and further limit debt collection of medical judgments in NY. Medical providers would lose this remedy to collect. Lien on Property.

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Troutman Sanders

AUGUST 29, 2023

District Court for the Western District of New York granted the plaintiff’s motion for class certification for alleged violations of the Fair Debt Collections Practices Act (FDCPA) relating to an allegedly improper debt assignment notification. The plaintiff never repaid the garnished money. On August 18, a judge in the U.S.

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FFGN COLLECT NY

AUGUST 11, 2021

When the usual steps, such as levying the debtor’s bank account and garnishing the debtor’s wages, result in little success recovering monies owed , the judgment may seem uncollectible. Once satisfied, funds may be distributed to the judgment debtor. How to Enforce a Judgment Through Estate Distribution.

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Taurus Collect

JANUARY 24, 2023

But while it can be exciting to think about that refund cheque hitting your bank account soon, there’s another equally pressing reason why you should pay attention this tax season – debt collection! For many debtors, their primary contact with collectors will be through phone conversations.

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Burr Forman

DECEMBER 4, 2020

Financial institutions, servicers, lenders, and debt collectors must stay up-to-date on evolving federal and state laws stemming from the COVID-19 pandemic, as such laws impact all facets of consumer loan servicing and debt collection. In March of 2020, Burr published an article discussing the global pandemic’s impact on collection practices.

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Consumer Financial Services Law

DECEMBER 21, 2016

Courts have long debated the extent to which a debt collection attorney’s representations to opposing counsel or the court during the course of litigation may violate the FDCPA and the results from different circuits have varied greatly. The case arose from the law firm’s post judgment efforts to garnish wages. See, e.g., Hemmingsen v.

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Stevens Lloyd

SEPTEMBER 27, 2018

At the Stevens-Lloyd Group, in addition to utilizing our unique blend of incorporating phone calls, strong written communication skills and litigation, we also utilize more advanced debt collection techniques. These include Writs of Execution, Bank levies, and Wage garnishments. What is a Writ of Execution.

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Debt RR

AUGUST 3, 2020

Sometimes, that debt gets out of hand and businesses find themselves on the receiving end of calls from commercial debt collection agencies. Here’s everything businesses need to know about commercial debt collection agencies and how to manage communication without disrupting day-to-day operations. How Long Can a Debt be Pursued?

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Collection Industry News

JUNE 1, 2023

Introduction: The debt collection industry plays a vital role in the global economy, helping businesses recover outstanding debts and maintain financial stability. This presents a substantial opportunity for debt collection agencies to assist lenders in recovering unpaid debts and managing default risks.

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