Account Recovery

MAY 2, 2022

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.

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Account Recovery

MARCH 8, 2023

Collection Law Firm Ordered to Pay Restitution; Previewing Tomorrow’s Hearing on Reforming the CFPB first appeared on AccountsRecovery.net. Collection Law Firm Ordered to Pay Restitution; Previewing Tomorrow’s Hearing on Reforming the CFPB appeared first on AccountsRecovery.net.

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Account Recovery

MARCH 1, 2024

EDITOR’S NOTE: This article is part of a series that is sponsored by WebRecon. WebRecon identifies serial plaintiffs lurking in your database BEFORE you contact them and expose yourself to a likely lawsuit. Protect your company from as many as one in three new consumer lawsuits by scrubbing your consumers through WebRecon first. Want to learn more?

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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.

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Account Recovery

AUGUST 16, 2024

A District Court judge in Arizona has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that it is entitled to the statute’s bona fide error defense after garnishing a bank account where Social Security payments were deposited to satisfy a judgment. Learn More.

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Account Recovery

AUGUST 16, 2024

A District Court judge in Arizona has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that it is entitled to the statute’s bona fide error defense after garnishing a bank account where Social Security payments were deposited to satisfy a judgment. Learn More.

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Debt Free Colorado

APRIL 1, 2021

That said, let me walk you through all the elements of this particular email that tip it off as a scam: From: Sherrill Green <SherrillGreen@outlook.com> Wait, the prestigious “Webster Law Firm” doesn’t have it’s own domain and you’re using a generic outlook.com account? That’s odd.

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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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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.

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Credit Corp

JUNE 3, 2020

The company, creditor or collection agency has legal ways to pursue payment. The judgment creditor can then use that court judgment to try to collect money from you. Common methods include wage garnishment , property attachments and property liens. These laws vary. This is known as wage garnishment.

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Troutman Sanders

SEPTEMBER 23, 2021

The Rodenburg Law Firm (Rodenburg), whose primary business is debt collection, held a Commercial Umbrella Liability Policy with The Cincinnati Insurance Company (Cincinnati Insurance) that obligated Cincinnati Insurance to indemnify Rodenburg for liability to third parties for certain defined injuries.

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Consumer Financial Services Law

OCTOBER 12, 2016

The Eleventh Circuit recently joined the First and Eighth Circuits in concluding that the FDCPA’s venue provision does not apply to post-judgment garnishment proceedings. Post judgment, the law firm filed a garnishment proceeding against the consumer’s bank seeking to collect on the judgment. 1692i(a)(2).

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Sawin & Shea

AUGUST 18, 2021

There are two circumstances in which your employer could find out about your Chapter 7 bankruptcy: In a Chapter 7 bankruptcy, your employer would know only if you were already having your wages garnished by creditors (called wage attachment). Again, this does not mean that you will lose your job.

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Troutman Sanders

MARCH 12, 2025

The court order aims to halt the defendants’ alleged deceptive and abusive debt collection practices. The defendants allegedly misrepresented themselves as law firms and used various fictitious business names to bolster their credibility. They also misrepresented themselves as attorneys and law firms.

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Collection Industry News

FEBRUARY 25, 2022

Rodenburg Law Firm is available at: Link to Opinion. 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.” The Eighth Circuit found that Creditor’s mailing of the garnishment summons on Debtor caused him no tangible injury.

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Credit Corp

MAY 30, 2023

This is known as wage garnishment. The Consumer Credit Protection Act caps these types of garnishments. Nonwage garnishment. If you’re retired, unemployed, or self-employed, your bank account may be garnished instead. Veterans payments, social security, and disability benefits are not eligible for nonwage garnishment.

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Better Credit Blog

APRIL 3, 2022

Portfolio Recovery Associates, LLC, is a collection agency that buys old debts from lenders and companies that have been unable to collect the debt themselves. In other words, when the original creditor has been unsuccessful in collecting on a debt, it will write off the debt as a loss. Ask Lex Law for Help.

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The McHughes Law Firm

JULY 12, 2016

It’s important to respond to any communications and document each step of the process when resolving your outstanding debt through a debt collection attorney. Because of their involvement in collecting money you owe a creditor, you may be contacted via a phone call or a letter from a debt collection attorney.

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Better Credit Blog

AUGUST 31, 2020

Having debt in collections can be downright overwhelming, especially when debt collectors bombard you with dozens of phone calls. What you may not know is that you are protected by the Fair Debt Collection Practices Act (FDCPA), a law designed to keep third-party debt collectors in check when they contact you. Table of Contents.

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The McHughes Law Firm

AUGUST 29, 2016

New business debt collection may be the last thing on your mind as you juggle all the different moving parts the come with starting a business. If you are in the process of starting a new business, debt collection on past due accounts is likely not even on your radar yet. 1: I Will Lose Customers If I Push Too Hard to Collect.

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Collections Law

MAY 7, 2020

When the time comes to return to normalcy, you should be prepared to return to business as usual, including collecting any outstanding debt you may currently be owed. Navigating this with the help of an experienced collection attorney is critical, and the Law Offices of Alan M. Cohen LLC can provide you with just that.

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Collections Law

JULY 1, 2020

The experienced collection attorneys at the Law Offices of Alan M. Collection agencies are passive organizations that make the same effort you were making before you brought them on board. Why Hire a Collections Attorney? An experienced collections attorney will do more than merely advise you on what you need to do.

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Collection Industry News

NOVEMBER 2, 2020

Mario Barboza was a resident of Collin County, Texas when Pharia, LLC, successor in interest to defendant Pallida LLC, filed a collections action in 2010 in Denton County, Texas to recover the balance due on Barboza’s credit card. In early 2011, a default judgment was obtained against Barboza. Barboza), thus 1692i(a) did not apply.

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Troutman Sanders

OCTOBER 28, 2020

Mario Barboza was a resident of Collin County, Texas when Pharia, LLC, successor in interest to defendant Pallida LLC, filed a collections action in 2010 in Denton County, Texas to recover the balance due on Barboza’s credit card. In early 2011, a default judgment was obtained against Barboza. Barboza), thus 1692i(a) did not apply.

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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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Sawin & Shea

JANUARY 11, 2024

Guidance: Opting for a course from an established bankruptcy law firm often means gaining financial skills guidance from professionals well-versed in bankruptcy law and processes. There are some key differences between these two types of bankruptcy.

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FDCPA Defense

FEBRUARY 3, 2019

Attorneys who regularly engage in collection work for community associations have increasingly become targets for lawsuits filed by professional consumer attorneys under the Fair Debt Collection Practices Act (“FDCPA” or “the Act”), 15 U.S.C. and analogous state laws. Are You Engaged In “Debt Collection” Under The FDCPA?

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Sawin & Shea

MARCH 7, 2023

When you file for Chapter 7 bankruptcy, the Court will place an automatic stay upon filing, which stops creditors from collecting payments, garnishing wages, or repossessing property. And a significant amount of time comes from mandatory waiting periods required by the law. However, every case is different.

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Collection Industry News

MAY 30, 2022

New Yorkers facing debt-collection lawsuits are poised to get a little extra help in the wake of a federal court’s ruling — and some observers say it could translate to a win for consumers across the country who have basic legal questions but can’t afford a lawyer. Source: site.

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Debt Free Colorado

MARCH 3, 2023

Every case is unique, and every case merits the careful consideration of a law firm dedicated to providing specialized bankruptcy solutions. After Filing for Bankruptcy, am I Still Able to Own Property? Lastly, Do I require Legal Counsel to File for Bankruptcy?

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Troutman Sanders

MARCH 4, 2024

State Activities: On February 28, New York AG Letitia James (D) announced that her office secured more than $650,000 from a debt collection law firm and its subsidiary for filing allegedly frivolous lawsuits and “harming … New Yorkers.” s Municipal Regulations.

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Troutman Sanders

NOVEMBER 7, 2023

On October 30, the FTC announced that it had banned the owner of a small business funding company from both the merchant cash advance and debt collection industries.

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