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

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

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

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

NOVEMBER 19, 2024

A District Court judge in California has granted a defendant’s motion to dismiss after it was accused of violating the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act by attempting to collect on a debt that had been discharged in bankruptcy.

Chapter 7 bankruptcy 130

Chapter 7 bankruptcy Fair Debt Collection Bankruptcy 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

MARCH 21, 2025

Is the choice made by a collection operation to dismiss a collection lawsuit against a consumer a decision in the consumer’s favor? The background: The defendant filed a lawsuit against the plaintiff in 2018 over an alleged credit card debt.

Collections 130

Collections Credit Card Debt Fair Debt Collection Judgment 130

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

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

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

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

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 7, 2024

The background: The plaintiff, a former tenant, filed the lawsuit against after receiving a letter from the defendant offering to settle her outstanding rent debt for roughly half the amount owed.

Judgment 245

Judgment Fair Debt Collection Collections 245

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

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

MARCH 27, 2025

A District Court judge in New York has denied motions for summary judgment filed by the plaintiff and the defendant in a Fair Debt Collection Practices Act case over the garnishment of a bank account that may have included funds that were exempt seeking to pay a rental debt from more than two decades ago. […]

Garnishment 147

Garnishment Fair Debt Collection Judgment Banks 147

Account Recovery

FEBRUARY 7, 2025

A District Court judge in Florida has granted a plaintiff’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that a collection law firm used an invalid garnishment order to collect on the subject debt. The decision, issued by Judge William F. Learn more.

Garnishment 130

Garnishment Credit Card Debt Fair Debt Collection Law Firms 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

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 6, 2025

Appeals Court Affirms Ruling Over Default Judgment The Court of Appeals for the Eighth Circuit has upheld a ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act, deciding that a default judgment obtained in state court is conclusive from the perspective of establishing the facts of a case.

Fair Debt Collection 147

Fair Debt Collection Judgment Collateral Garnishment 147

Account Recovery

OCTOBER 15, 2021

Receiving one phone call and six messages from a collector after notifying it that she was being represented by an attorney is not enough to warrant the $25,000 in emotional distress being sought by the plaintiff in a Fair Debt Collection Practices Act case, ruled a Magistrate Judge, saying that the amount was “pulled out … The post Judge (..)

Judgment 234

Judgment Fair Debt Collection Collections 234

Account Recovery

JUNE 11, 2021

A District Court judge in New York has granted a defendant’s motion for summary judgment after it was sued for a laundry list of alleged violations of the Fair Debt Collection Practices Act in a letter that was sent to the plaintiff while also declining a motion from the plaintiff to strike an affidavit and … The post Judge Grants MSJ for (..)

Fair Debt Collection 246

Fair Debt Collection Collections Judgment 246

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

JUNE 17, 2022

A District Court judge in Illinois has granted a defendant’s motion for summary judgment after it was sued for allegedly violating the Fair Debt Collection Practices Act, ruling that the defendant was engaged in early-out collections and that it was not attempting to collect on a debt that was in default when it contacted the … The post (..)

Fair Debt Collection 246

Fair Debt Collection Collections Judgment 246

Account Recovery

SEPTEMBER 1, 2022

A District Court judge in Indiana has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling the plaintiff did not suffer a concrete injury after receiving two collection letters from the defendant on the same day — each signed by a different attorney.

Fair Debt Collection 245

Fair Debt Collection Collections Judgment 245

Account Recovery

FEBRUARY 27, 2025

A District Court judge in Maryland has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case that centers over the language used by the plaintiff and whether it constituted a dispute of the debt or not. I decline to pay this debt.”

Credit Unions 130

Credit Unions Credit Unions Fair Debt Collection Law Firms 130

Account Recovery

AUGUST 5, 2022

A copy of the … The post Judge Partially Grants MSJ for Plaintiff in FDCPA Case Over Collecting Incorrect Amount appeared first on AccountsRecovery.net. A copy of the … The post Judge Partially Grants MSJ for Plaintiff in FDCPA Case Over Collecting Incorrect Amount appeared first on AccountsRecovery.net.

Fair Debt Collection 246

Fair Debt Collection Collections Judgment Creditors 246

Account Recovery

APRIL 30, 2021

A District Court judge in Washington has partially granted a defendant’s motion for summary judgment while denying a plaintiff’s motion for the same ruling in a Fair Debt Collection Practices Act case in which the defendant attempted to collect a debt from the plaintiff, who claims not to have incurred the debt in question.

Fair Debt Collection 246

Fair Debt Collection Collections Judgment 246

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?

Fair Debt Collection 246

Fair Debt Collection Collections Debt collector Judgment 246

Account Recovery

NOVEMBER 8, 2024

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.

Fair Debt Collection 130

Fair Debt Collection Collections Agency Collection Agencies Judgment 130

Account Recovery

MARCH 24, 2021

A District Court judge in Wisconsin has denied a defendant’s motion for summary judgment after it was sued for allegedly violating the Fair Debt Collection Practices Act because it attempted … The post Judge Denies Defendant’s MSJ in FDCPA Case Seeking to Collect on Canceled Debt appeared first on AccountsRecovery.net.

Fair Debt Collection 242

Fair Debt Collection Collections Judgment Creditors 242

Account Recovery

OCTOBER 16, 2024

A District Court judge in Washington has denied a defendant’s motion for judgment on the pleadings in a Fair Debt Collection Practices Act class-action case over alleged “junk” fees, ruling that the plaintiffs adequately pleaded plausible claims under the FDCPA and related state consumer protection laws.

Fair Debt Collection 130

Fair Debt Collection Loans Judgment Collections 130

Account Recovery

APRIL 10, 2025

A District Court judge in Minnesota has denied a defendant’s motion for judgment on the pleadings in a Fair Debt Collection Practices Act case, ruling the defendant — a law firm that specializes in representing landlords — meets the statute’s definition of a “debt collector.”

Law Firms 130

Law Firms Debt collector Fair Debt Collection Judgment 130

Account Recovery

DECEMBER 11, 2024

The background: The case stemmed from a series of communications between the plaintiff and the defendant, a debt collection company. This past July, the defendant sent the plaintiff a text message seeking payment for a debt tied to a cell phone account. The ruling: Judge Douglas R.

Fair Debt Collection 130

Fair Debt Collection Judgment Collection Companies Collections 130

Account Recovery

MAY 10, 2021

SDNY Judge Grants Motion for Defendant in FDCPA Case; House Preps Vote on Key Collection Bill appeared first on AccountsRecovery.net.

Fair Debt Collection 246

Fair Debt Collection Collections Judgment 246

Account Recovery

APRIL 28, 2025

Case in point the forensic analysis detailed in this ruling in which a District Court judge in California partially denied a defendants motion for summary judgment in a case alleging violations of both the Fair Credit Reporting Act and the Rosenthal Fair Debt Collection Practices Act, among other claims.

Judgment 130

Judgment Fair Debt Collection Credit Unions Credit Unions 130