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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. […]
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.
A District Court judge in Nevada has granted a defendant’s motion to dismiss after it was accused of garnishing the plaintiff’s wages without first domesticating the judgment in that state. After the judgment was assigned to the defendant, it sought to enforce the judgment by garnishing the plaintiffs wages. Judge Andrew P.
The Court of Appeals for the Ninth Circuit has upheld the dismissal of a Fair Debt Collection Practices Act case in which a defendant was accused of violating the statute by garnishing the plaintiff’s wages to enforce a nonfinal judgment, ruling that alleging a violation of Washington’s state garnishment law is not a de facto … The (..)
Even as many states are moving to ease collection restrictions that were put into place at the start of the coronavirus pandemic, the Virginia legislature is moving forward with a bill that would protect the economic stimulus payments received by individuals from being garnished by debt collectors.
… The post Industry Vows to Appeal Ruling Denying Challenge to Arizona Garnishment Law first appeared on AccountsRecovery.net. . … The post Industry Vows to Appeal Ruling Denying Challenge to Arizona Garnishment Law first appeared on AccountsRecovery.net.
A state court judge in Arizona has granted a temporary restraining order halting the enactment of a measure approved by voters last month that increases the amount that is shielded from garnishments to pay medical debts while also lowering judgment interest rates that can be charged.
The Court of Appeals for the Sixth Circuit has affirmed a lower court’s ruling in favor of a plaintiff who accused a collection law firm of violating the Fair Debt Collection Practices Act by obtaining a writ of garnishment in the wrong jurisdiction. A copy of the ruling in the case of Thompson v.
A District Court judge in New Jersey has granted a defendant’s motion to dismiss a third-party complaint filed against it by a collection law firm over issues with a wage garnishment. The background: The dispute began when the plaintiff, a consumer, owed a debt which the law firm was assigned to collect.
A collection attorney in New York is facing a class-action lawsuit for allegedly violating the Fair Debt Collection Practices Act and state law when attempting to collect on judgments owed to a bankrupt for-profit university. The background: Technical Career Institutes, Inc.
A District Court judge in Texas has denied a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act, ruling that a garnishment action taken eight years after a default judgment was awarded is not subject to the law’s one year statute of limitations when the underlying default judgment … (..)
A Senate committee in the Indiana state legislature has advanced a medical debt collection bill, Senate Bill 317, which aims to introduce new consumer protections related to medical debt. billion in medical debt in collections. Driving the news: The big picture: Indiana residents currently have an estimated $2.2
The New York Senate yesterday voted to approve a bill that would protect individuals from having liens placed on their primary residences and having their wages garnished to repay medical debts. Legislature Passes Anti-Garnishment, Anti-Lien Bill For Certain Medical Debts appeared first on AccountsRecovery.net.
Class Action Accuses Defendant of Not Including SOL Disclosure; Judge Grants TRO Blocking Arizona Garnishment Law first appeared on AccountsRecovery.net. Class Action Accuses Defendant of Not Including SOL Disclosure; Judge Grants TRO Blocking Arizona Garnishment Law first appeared on AccountsRecovery.net.
GETTING TO KNOW ROXIE OLIVERO-WINFIELD OF MIDSTATE COLLECTION SOLUTIONS Continuous productivity sounds like a setting for a robot, but it’s how Roxie Olivero-Winfield describes her typical work day. Getting to Know Roxie Olivero-Winfield; Judge Rules Against Industry in Arizona Garnishment Case appeared first on AccountsRecovery.net.
Today’s webinar just happens to be on the topic of legal collections (register here) so it’s entirely timely to write about a court ruling involving a judgment. Since then, the debt had been enforced through multiple garnishments, with the most recent garnishment executed in June 2023. Learn more.
Announces Phased Restart to Garnishments appeared first on AccountsRecovery.net. Judge Grants MSJ for Defendant in FDCPA Vicarious Liability Case; N.M.
Senate Republicans yesterday introduced their latest pandemic relief bill, the Health, Economic Assistance, Liability Protection and Schools (HEALS) Act, which includes another round of stimulus checks for individuals and more loans for small businesses, but whether any proposed moratoriums on debt collection activities is to be included will have (..)
Don’t look now, but there was an enforcement action involving a debt collection company announced by a federal regulator. The claims: The complaint accuses the defendants of multiple illegal practices. First, they allegedly misrepresented themselves as attorneys or members of a law firm. Learn more.
A bill is progressing through the Oregon legislature that would protect and exempt more of an individual’s wages and assets from seizure in the event of judgments and garnishments, while also amending the state’s debt collection law. A copy of the bill, House Bill 2008, can be accessed by clicking here.
A trial is scheduled for this week in Arizona to challenge adding an item to the November ballot that would give residents of the state the opportunity to increase the amounts that consumers can shield from garnishments to pay medical debts while also lowering the judgment interest rate on medical debt.
An organization seeking to put a measure on the ballot in Arizona this November that would increase the amounts that consumers can shield from garnishments to pay medical debts while also lowering the judgment interest rate on medical debt turned in twice as many signatures as needed last week, and is “likely” headed to the … The (..)
It turns out there are some things that everyone in the Senate can agree on, and it actually pertains to the debt collection industry. The Senate yesterday unanimously passed S.
million fine against a utility company that was accused of attempting to garnish the wages of customers during the COVID-19 pandemic without first informing them of the availability of payment plans, which was required under state law. State Regulators for Pandemic Collection Efforts appeared first on AccountsRecovery.net.
California AG Endorses Bill Banning Medical Debt Credit Reporting Oregon Enacts Law Amending Garnishment, Collection Practices Judge Grants Summary Judgment for Plaintiff on FDCPA Wrongful Garnishment Claim Compliance Digest – March 11 WORTH NOTING: How to choose the best hairbrush for your hair type … I can kind of understand one pilot taking (..)
Collection Operation Accused of Making More than 200 Calls After Receiving Cease Request Judge Grants MSJ for Plaintiff in FDCPA Case Over Garnishment Order Court Grants 90-Day Delay of CFPBs Medical Debt Credit Reporting Rule Middle-Income Americans Struggling to Keep Up with Cost of Living, Despite Modest Improvement in Purchasing Power ImpactAI (..)
A District Court judge in Washington has partially granted a defendant’s motion to dismiss, but denied the motion related to claims the defendant allegedly violated the Fair Debt Collection Practices Act when it mistakenly sent two letters to the plaintiff informing him that a writ of garnishment had been entered against him, one of which … (..)
The Oregon legislature has passed a bill that amends state law related to what can be garnished after obtaining a judgment for an unpaid debt. The bill, called the Family Financial Protection Bill, is sponsored by state Rep. Nathan Sosa, a Democrat, and now heads to the desk of Gov. Tina Kotek for her signature […]
REGULATORS FOR PANDEMIC COLLECTION EFFORTS State regulators in Connecticut have assessed a $4.5 REGULATORS FOR PANDEMIC COLLECTION EFFORTS State regulators in Connecticut have assessed a $4.5 For Pandemic Collection Efforts; Judge Grants MSJ Over Letter Sent to Represented Individual appeared first on AccountsRecovery.net.
Last Wednesday, New York Governor Kathy Hochul signed a bill into law — which went into effect immediately — that prohibits healthcare providers from placing lines on the primary residences of individuals with unpaid medical debts or garnishing wages to collect on unpaid bills. The post N.Y.
APPEALS COURT UPHOLDS RULING FOR PLAINTIFF IN FDCPA CASE OVER GARNISHMENT JURISDICTION The Court of Appeals for the Sixth Circuit has affirmed a lower court’s ruling in favor of a plaintiff who accused a collection law firm of violating the Fair Debt Collection Practices Act by obtaining a writ of garnishment in the wrong jurisdiction.
Suit Accuses Collection Law Firm of Garnishing Wages Without Permission Appeals Court Affirms Ruling for Defendant, But Says Plaintiff Could Have Had Standing New AI Agent Startup Promises Tech With Empathy Consumers Prioritizing Savings Over Debt for Tax Refunds: Survey WORTH NOTING: Highly effective communicators usually share these four habits … (..)
GETTING TO KNOW ERIN KERR OF MRS BPO Erin Kerr’s job title is emblematic of the changing dynamic within the credit and collections industry. Legislature Advances Garnishment Bill appeared first on AccountsRecovery.net. Read on to learn more about … The post Daily Digest – August 27.
A District Court judge in New York has denied a defendant’s motion to stay discovery pending the outcome of its motion to dismiss a Fair Debt Collection Practices Act case after it was sued for allegedly garnishing the wages of the wrong individual.
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 (..)
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.
New York Attorney General Letitia James last week released a comprehensive guide to help residents protect their bank accounts from garnishments and seizures. These protections also extend to retirement funds like 401(k)s and IRAs, ensuring that these vital sources of income are shielded from aggressive collection tactics.
Here is a summary of what collection operations need to be prepared for starting as soon as January 1. Phil Murphy, goes into effect on January 1 and implements several major changes to how medical debt can be collected and reported. As the calendar gets set to turn to a new year, a number of new laws are scheduled to take effect.
The Court of Appeals for the Seventh Circuit has overturned a bankruptcy court’s decision and remanded a case with instructions to resolve claims from the bankruptcy trustee on the merits after a collection agency garnished an individual’s wages and seized $3,700 within the 90 days before the individual filed for bankruptcy protection.
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