Account Recovery

DECEMBER 16, 2021

The collection of post-judgment interest is in the news, and is being cited as a relic of “a different era” which can cost the amount of debt owed by an individual to “balloon in a way that makes it hard to” repay.

Judgment 246

Judgment Creditors Collections 246

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

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 31, 2024

A state appeals court in Washington has affirmed an attorney’s fee award for the plaintiff in a debt collection case, agreeing with the lower court that counterclaims brought by the defendant, a collection operation, were frivolous. The key findings included: Learn more.

Collections 130

Collections Collection Agencies Collections Agency Judgment 130

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

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 plaintiff contested the collection effort, raising objections to the defendants complaint. The objections were sustained and the defendant was given the opportunity to amend its complaint.

Collections 130

Collections Credit Card Debt Fair Debt Collection 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

OCTOBER 31, 2024

The Supreme Court of New Mexico has ruled that employees of a credit union engaged in the unauthorized practice of law by filing collection lawsuits to recover unpaid debts. The Court emphasized that under New Mexico law, only licensed attorneys may represent entities in court, including filing lawsuits and pursuing legal judgments.

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Credit Unions Credit Unions Judgment Collections 130

Account Recovery

JANUARY 23, 2023

Judge Grants Motion to Set Aside Default Judgment; Proposed Law Would Limit Collections in Florida For Crime-Incurred Debts first appeared on AccountsRecovery.net. Judge Grants Motion to Set Aside Default Judgment; Proposed Law Would Limit Collections in Florida For Crime-Incurred Debts appeared first on AccountsRecovery.net.

Judgment 239

Judgment Collections 239

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 (..)

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Judgment Fair Debt Collection Collections Credit Management 243

Account Recovery

OCTOBER 7, 2024

She sought damages for these alleged injuries, asserting violations of the FDCPA: A District Court judge granted summary judgment for the defendant, ruling that the interest rate the defendant attempted to collect did not constitute a violation of the FDCPA.

Judgment 245

Judgment Fair Debt Collection Collections 245

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

JANUARY 17, 2025

The Consumer Financial Protection Bureau yesterday announced a settlement with the National Collegiate Student Loan Trusts (NCSLTs) to resolve allegations of defective debt collection practices. If approved by the court, the stipulated judgment will require the NCSLTs to provide $2.25

Student loans 130

Student loans Student Loans Collections Loans 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

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

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 16, 2022

The Attorney General of Arizona on Friday announced that the defendants in a lawsuit filed by its office have reached a consent judgment that will see the defendants pay $1.6 million in restitution to those impacted by the debt collection scam, up to $900,000 in civil penalties, and a permanent ban for the owner of … The post Ariz.

Judgment 246

Judgment Collections 246

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

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. Learn more.

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Chapter 7 bankruptcy Fair Debt Collection Bankruptcy Collections 130

Account Recovery

APRIL 5, 2022

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

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Subrogation Insurance Subrogation Judgment Fair Debt Collection 246

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

FEBRUARY 9, 2022

Judge Denies Motion for Judgment on Pleadings in Hunstein Copycat Case appeared first on AccountsRecovery.net.

Judgment 246

Judgment Collections 246

Account Recovery

DECEMBER 27, 2021

Time might finally be running out on Douglas MacKinnon’s attempts to keep from having to produce a list of his assets to settle a $60 million judgment.

Collections 246

Collections Judgment 246

Account Recovery

APRIL 21, 2022

The legal system is an “ineffective vehicle” for collecting unpaid debts for both plaintiffs and defendants, according to research conducted by the Utah Bar Foundation, in conjunction with Pew Charitable Trusts, showing that showing up to defend against a collection lawsuit often leads to more debt while judgments obtained by plaintiffs (..)

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Collections Judgment Creditors 245

Account Recovery

NOVEMBER 9, 2021

The Governor of New York yesterday signed a trio of consumer protection bills into law, including a debt collection bill called the Consumer Credit Fairness Act that lowers the statute of limitations, increases the amount of information needed when filing collection lawsuits, and institute specific requirements when seeking default judgments.

Collections 246

Collections Consumer Credit Judgment 246

Account Recovery

AUGUST 1, 2024

A District Court judge in Nevada has blocked the Federal Trade Commission’s attempt to use the Fair Debt Collection Practices Act to collect on a judgment against a defendant in an enforcement action, who was found liable by a judge back in 2013 for $1.5 The Background: Back in 2011, the FTC accused a […]

Judgment 130

Judgment Fair Debt Collection Collections Trade 130

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

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

JANUARY 6, 2022

A company that made cash advances to small businesses has reached a settlement with the Federal Trade Commission that will see the defendants pay $675,000 while also being permanently banned from participating in any debt collection activities. A copy of the stipulated order for permanent injunction and monetary judgment in the case of FTC v.

Collections 246

Collections Trade Judgment 246

Collections Law

MARCH 14, 2025

Securing a judgment against a debtor is a significant victory, but the battle doesnt end there. Collecting on that judgment requires finding the money, sometimes by uncovering the debtors assets. This process is known as post-judgment asset discovery. Successful debt collection also requires persistence.

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Judgment Debtor Commercial Collection Debt Recovery 52

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.

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Garnishment Credit Card Debt Fair Debt Collection Law Firms 130

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

AUGUST 7, 2024

A District Court judge in Nevada has granted partial summary judgment to both the plaintiff and the defendant in a Fair Debt Collection Practices Act case, ruling that while the defendant’s actions in obtaining a default judgment were improper, the subsequent attempts to collect the debt were permissible under the law.

Judgment 130

Judgment Fair Debt Collection Collections 130