Account Recovery

JULY 29, 2024

A District Court judge in Washington has denied a defendant’s motion for summary judgment and granted the plaintiff’s motion in a Fair Debt Collection Practices Act case revolving around the alleged expiration of a judgment. The Background: The defendant was assigned an account back in 2011.

Judgment 130

Judgment Fair Debt Collection Collections 130

Account Recovery

NOVEMBER 1, 2022

A District Court judge in Nevada has dismissed – with prejudice – a plaintiff’s class-action complaint that a defendant violated the Fair Debt Collection Practices Act by filing renewals for a judgment on an untimely basis, ruling that the defendant renewed the judgments within the window set forth by state law.

Judgment 246

Judgment Fair Debt Collection Collections 246

Account Recovery

MAY 17, 2022

A District Court judge in Kentucky has partially granted and partially denied a collection attorney’s motion to dismiss a Fair Debt Collection Practices Act lawsuit, ruling that the attorney’s motion for default judgment in an underlying collection case was “improper” because the plaintiff had filed a response to the suit.

Judgment 238

Judgment Fair Debt Collection Collections 238

Account Recovery

DECEMBER 9, 2022

A District Court judge in Indiana has granted a motion to vacate a default judgment that was entered against a defendant in a Fair Debt Collection Practices Act case, ruling that the plaintiff never properly served the defendant with the summons and complaint, after the defendant removed the case to federal court.

Judgment 246

Judgment Fair Debt Collection Collections 246

Account Recovery

NOVEMBER 23, 2022

A District Court judge in North Carolina has granted a defendant’s motion for relief from judgment on the grounds that a default judgment obtained by the plaintiff in a Fair Debt Collection Practices Act case is void due to lack of service of process. A copy of the ruling in the case of Becvar v.

Judgment 246

Judgment Fair Debt Collection Collections 246

Account Recovery

MARCH 5, 2024

A District Court judge in Michigan has certifies a class in a Fair Debt Collection Practices Act case accusing a collection law firm of charging excessive post-judgment interest on dozens of debt collection lawsuits across the state. In three of the cases, […]

Judgment 130

Judgment Fair Debt Collection Law Firms Collections 130

Account Recovery

NOVEMBER 27, 2024

As you may know, there are two FDCPAs — the Fair Debt Collection Practices Act and the Federal Debt Collection Procedures Act. The ruling is noteworthy not just for the size of the judgment but also for the novel legal questions it raised regarding the interplay between state and federal law.

Collections 130

Collections Garnishment Judgment Fair Debt Collection 130

Account Recovery

FEBRUARY 23, 2024

A Magistrate Court judge in Illinois has denied competing summary judgment motions in a Fair Debt Collection Practices Act case, ruling the plaintiff failed to follow proper procedure and that the defendant is not entitled to the FDCPA’s bona fide error defense that it initiated collection activity on a debt that had been discharged in […] (..)

Judgment 147

Judgment Fair Debt Collection Collections Bankruptcy 147

Account Recovery

MARCH 11, 2024

A District Court judge in Missouri has granted a plaintiff’s motion for summary judgment that the defendant violated the Fair Debt Collection Practices Act by “significantly overstating” how much the plaintiff owed when garnishing her wages in attempting to collect on a judgment in had obtained, but did grant the defendant’s (..)

Garnishment 130

Garnishment Judgment Fair Debt Collection Collections 130

Account Recovery

APRIL 14, 2022

Better late than never, a federal judge in Nevada has ruled, denying a motion for default judgment against a defendant in a Fair Debt Collection Practices Act case because the defendant has now starting to defend itself “in earnest.” ” A copy of the ruling in the case of Hankerson v.

Judgment 246

Judgment Fair Debt Collection Collections 246

Account Recovery

JULY 24, 2024

A District Court judge in Florida has denied competing motions for summary judgment in a Fair Debt Collection Practices Act case, in a case that hinges on whether a consumer saying, “Okay. Well, thank you for your assistance then. That’s all I really needed for now.

Judgment 130

Judgment Fair Debt Collection Collections 130

Account Recovery

APRIL 29, 2022

A District Court judge in Pennsylvania has certified a class action in a Fair Debt Collection Practices Act lawsuit that accused a defendant of violating the statute by mentioning in a letter that a judgment may be awarded before the expiration of a settlement offer that was being made, even though a collection lawsuit had … The post Judge Certifies (..)

Judgment 243

Judgment Fair Debt Collection Collections Credit Management 243

Account Recovery

JUNE 26, 2024

A District Court judge in Michigan has awarded a plaintiff $6,000 in damages plus more than $8,500 in attorney’s fees in a default judgment against a collection operation that was accused of violating the Fair Debt Collection Practices Act by not marking an account furnished to the credit reporting agencies as disputed.

Judgment 130

Judgment Fair Debt Collection Collections 130

Account Recovery

AUGUST 2, 2023

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 Fair Debt Collection Practices Act because it was not licensed as a collection agency when it filed a lawsuit to collect on an unpaid debt.

Judgment 130

Judgment Fair Debt Collection Collections Collection Agencies 130

Account Recovery

FEBRUARY 20, 2024

A District Court judge in Washington has denied competing motions for summary judgment in a Fair Debt Collection Practices Act case that stretches back more than 13 years, ruling that both sides point to facts that could be ruled in their favor, thus leaving it for a jury to decide.

Judgment 130

Judgment Fair Debt Collection Collections 130

Account Recovery

JANUARY 11, 2024

A District Court judge in Nevada has denied competing summary judgment motions from both parties in a Fair Debt Collection Practices Act case, ruling that it isn’t totally clear whether the debt in question — the purchase of Botox — is covered under the FDCPA.

Judgment 147

Judgment Fair Debt Collection Collections 147

Account Recovery

JUNE 4, 2024

A District Court judge in Florida has granted a plaintiff’s motion for default judgment in a Fair Debt Collection Practices Act case after the defendant replied to a cease communication text message with an inquiry about the plaintiff’s ability to make a partial payment.

Judgment 130

Judgment Fair Debt Collection Collections 130

Account Recovery

DECEMBER 28, 2022

JUDGE GRANTS MTD IN FDCPA CASE OVER LACK OF INTEREST DISCLOSURE ON MVN We were so close to what I think would have been our first ruling on the safe harbor of using the Model Validation Notice, but a District Court judge in Utah ruled a plaintiff lacked standing to pursue his Fair Debt Collection … The post Daily Digest – December 28.

Judgment 246

Judgment Fair Debt Collection Collections 246

Account Recovery

NOVEMBER 12, 2021

Is it possible for an individual to sue a debt collector for violating the Fair Credit Reporting Act and Fair Debt Collection Practices Act for allegedly attempting to collect a debt that the individual believes he did not owe, when the individual took no action against the original creditor for placing the allegedly illegitimate debt … The post (..)

Judgment 243

Judgment Fair Debt Collection Original Creditor Debt collector 243

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.

Law Firms 130

Law Firms Fair Debt Collection Collections Judgment 130

Account Recovery

DECEMBER 15, 2020

The Court of Appeals for the Eighth Circuit has vacated a judgment in favor of a plaintiff who alleged a debt buyer violated the Fair Debt Collection Practices Act because the collection agency 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 (..)

Judgment 246

Judgment Fair Debt Collection Collection Agencies Collections Agency 246

Account Recovery

JANUARY 23, 2023

The post Judge Grants Motion to Set Aside Default Judgment in FDCPA, FCRA Case Over Complaint Sent to Empty Office appeared first on AccountsRecovery.net.

Judgment 233

Judgment Fair Debt Collection Collections 233

Account Recovery

APRIL 11, 2022

In a case that was defended by the team at Malone Frost Martin, a District Court judge has granted a defendant’s motion for judgment on the pleadings in a Fair Debt Collection Practices class action after alleging that the amount owed listed in a collection letter was lower than it should have been and that … The post Judge Grants Motion (..)

Judgment 246

Judgment Fair Debt Collection Collections 246

Account Recovery

MARCH 15, 2022

In a case that was defended by Rick Perr and Monica Littman of Kaufman Dolowich & Voluck, a District Court judge in New York has granted a defendant’s motion for summary judgment in a class-action Fair Debt Collection Practices Act case, ruling the plaintiff lacked standing to sue because he did not suffer a concrete … The post Judge (..)

Judgment 246

Judgment Fair Debt Collection Collections 246

Account Recovery

OCTOBER 22, 2021

The Court of Appeals for the Ninth Circuit has affirmed a lower court’s ruling denying a debt collector’s motion for relief from a judgment because of “gross negligence” by its attorney for failing to respond to a motion for summary judgment filed by the plaintiff in a Fair Debt Collection Practices Act lawsuit that ultimately (..)

Judgment 246

Judgment Fair Debt Collection Debt collector Collections 246

Account Recovery

SEPTEMBER 16, 2021

A District Court judge has granted a defendant’s motion for judgment on the pleadings after it was sued by a brother and sister for allegedly violating the Fair Debt Collection Practices Act by discussing the sister’s debt with the brother, but only after the brother used the sister’s personal information — the last four digits (..)

Judgment 235

Judgment Fair Debt Collection Collections 235

Account Recovery

SEPTEMBER 25, 2023

In a case that was defended by Rick Perr and the team at Kaufman Dolowich, a District Court judge in Illinois — on his own motion — has granted summary judgment in favor of a defendant on the remaining two counts in a Fair Debt Collection Practices Act case, ruling that using a local number […]

Judgment 147

Judgment Fair Debt Collection Collections 147

Account Recovery

DECEMBER 7, 2023

A District Court judge in Texas has granted a plaintiff’s motion for default judgment in a Fair Debt Collection Practices Act case against a collection agency — 18 months after the parties had reached […]

Judgment 130

Judgment Fair Debt Collection Collection Agencies Collections Agency 130

Account Recovery

MAY 23, 2023

A District Court judge in Oklahoma has denied a defendant’s motion for summary judgment and a plaintiff’s motion for partial summary judgment in a Fair Debt Collection Practices Act case, ruling that, among other reasons, the migraines suffered by the plaintiff are sufficient for her to have standing to sue, and that there is a … (..)

Judgment 130

Judgment Fair Debt Collection Collections 130

Account Recovery

NOVEMBER 20, 2024

A District Court judge in Ohio has granted a defendant’s motion to vacate an entry of default that was filed against it in a Fair Debt Collection Practices Act case, ruling that the defendant’s failure to respond to the plaintiff’s complaint did not constitute culpable conduct and that the case should be decided on its merits.

Judgment 130

Judgment Fair Debt Collection Collections 130

Account Recovery

OCTOBER 22, 2024

A District Court judge granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that the plaintiff’s claims were barred because they should have been addressed in an earlier case instead of a separate lawsuit being filed.

Fair Debt Collection 130

Fair Debt Collection Collections Bankruptcy Judgment 130

Account Recovery

MAY 12, 2023

A District Court judge in Pennsylvania has dismissed a plaintiff’s Fair Debt Collection Practices Act suit on his own, without even needing a motion from the defendant, ruling the plaintiff’s attempt to sue the defendant after it obtained a default judgment is “not plausible.” …

Judgment 130

Judgment Fair Debt Collection Collections 130

Account Recovery

MARCH 3, 2023

… The post Judge Partially Denies MJOP in FDCPA, TCPA Case Over Collection Texts first appeared on AccountsRecovery.net. … The post Judge Partially Denies MJOP in FDCPA, TCPA Case Over Collection Texts first appeared on AccountsRecovery.net.

Fair Debt Collection 242

Fair Debt Collection Collections Judgment 242

Account Recovery

APRIL 5, 2022

Judge Rules Subrogation Claim Not a ‘Debt’; CUs Sue N.Y. Over Post-Judgment Interest Law appeared first on AccountsRecovery.net.

Subrogation 246

Subrogation Insurance Subrogation Judgment Fair Debt Collection 246

Account Recovery

JUNE 2, 2023

A District Court judge in Pennsylvania has denied a defendant’s motion to set aside a default judgment against it in a Fair Debt Collection Practices Act and Fair Credit Reporting Act case, ruling that it has not submitted enough evidence to prove that service of the lawsuit was ineffective, and because default judgments have been …

Judgment 130

Judgment Fair Debt Collection Collections 130

Account Recovery

NOVEMBER 12, 2021

Judge Grants Defendant’s Motion for Judgment in FDCPA, FCRA Case; Hunstein Defendant Asks for Extension appeared first on AccountsRecovery.net.

Judgment 246

Judgment Fair Debt Collection Debt collector Collections 246

Account Recovery

DECEMBER 16, 2022

The post Judge Grants Judgment for Defendant in FDCPA Case Over Garnishment from Joint Bank Account appeared first on AccountsRecovery.net.

Garnishment 246

Garnishment Judgment Banks Fair Debt Collection 246