Collections and Judgment - Creditor Collections Today

Report Labels Post-Judgment Interest as New ‘Battleground’ for ARM Industry

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.

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Judge Grants MTD in FDCPA Class Action Over Judgment Renewals

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.

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Judge Denies Default Judgment Motion in FDCPA Case

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

Judge Vacates Default Judgment Against Defendant in FDCPA Suit

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

Judge Sets Aside Default Judgment Against Defendant in FDCPA Case

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.

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Daily Digest – January 23. Judge Grants Motion to Set Aside Default Judgment; Proposed Law Would Limit Collections in Florida For Crime-Incurred Debts

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.

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Judge Certifies Class in FDCPA Suit Over Threat of Judgment

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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Appeals Court Vacates Summary Judgment Award in FDCPA Case, Dismisses for Lack of Standing Instead

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

Judge Grants Defendant’s Motion for Judgment in FCRA, FDCPA Case

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 (..)

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Appeals Court Upholds Ruling Denying Defendant’s Request for Relief of Judgment in FDCPA Case

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 (..)

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Judge Grants Summary Judgment for Defendant in FDCPA Case Over Multiple Addresses on Payment Coupon

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

Judge Grants Motion for Judgment in Favor of Defendant Over Interest Disclosure, Settlement Offer Expiration in Letter

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

Ariz. AG Obtains Judgment Banning Collector; Defendants to Pay Up to $1.8M in Fines and Restitution

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.

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Daily Digest – November 12. Judge Grants Defendant’s Motion for Judgment in FDCPA, FCRA Case; Hunstein Defendant Asks for Extension

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.

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Daily Digest – April 5. Judge Rules Subrogation Claim Not a ‘Debt’; CUs Sue N.Y. Over Post-Judgment Interest Law

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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Daily Digest – December 28. Judge Grants MTD in FDCPA Case Over MVN; NCLC Grades States on Judgment Protections

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

Judge Grants Motion to Set Aside Default Judgment in FDCPA, FCRA Case Over Complaint Sent to Empty Office

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

Pa. Judge Denies Motion for Judgment on Pleadings in Hunstein Copycat Case

Account Recovery

FEBRUARY 9, 2022

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

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Collection ‘Kingpin’ Ordered to Disclose Finances or Face Jail

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.

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Utah Making Changes to Debt Collection Litigation Process

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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N.Y. Governor Signs Debt Collection Bill Into Law

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.

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Attorney Facing FDCPA Class Action for Allegedly Attempting to Collect on Judgments for Bankrupt Creditor

Account Recovery

NOVEMBER 26, 2024

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.

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Judge Blocks FTC’s Attempts to Collect on $1.5M Judgment

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 […]

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Judge Partially Denies MJOP in FDCPA, TCPA Case Over Collection Texts

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.

Settlement With FTC Bans Defendants From Collections, Imposes $675k Fine

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.

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How Active Listening Can Turn Difficult Debt Collection Calls Into Collaborative Solutions

American Profit Recovery

JANUARY 6, 2025

And as a collection agency working with small businesses and large organizations, it is a must for us to carry out our mission. When calling a consumer about a past due bill, regardless if it’s the business or a debt collection professional, we must give that consumer our full attention. And it’s vital in debt collections.

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Judge Dismisses FDCPA Case Over SOL on Judgment

Account Recovery

DECEMBER 2, 2024

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. The debt originated from a judgment obtained back in December 2008. Sometimes it’s better to be lucky than good.

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Judge Grants MSJ for Defendant in FDCPA Case Over Collection Letter

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 (..)

Judge Grants MSJ for Defendant in FDCPA Case Over Early Out Collection Efforts

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 (..)

Judge Grants MSJ for Defendant in FDCPA Case Over Dual Collection Letters

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.

Judge Grants Partial Summary Judgment to Both Sides in FDCPA Case Over Judgment

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

Judge Partially Grants MSJ for Plaintiff in FDCPA Case Over Collecting Incorrect Amount

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.

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Collection Operations to Forgive $23M in Debts Under Enforcement Order with N.C. AG

Account Recovery

OCTOBER 12, 2022

The Attorney General of North Carolina has announced a consent judgment with the president and chief executive officer of two debt collection companies — and the companies, as well — that will see the forgiveness of $23 million in unpaid debts, $225,000 in restitution to consumers, and nearly $30,000 in fines and legal costs after … (..)

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Security Company Reaches $6.5M Settlement with Mass. AG Over Collection Tactics, Improper Renewals

Account Recovery

FEBRUARY 10, 2023

million settlement with a home security company that was accused of “trapping” consumers in long-term auto renewal contracts while also violating the state’s debt collection regulations. AG Over Collection Tactics, Improper Renewals first appeared on AccountsRecovery.net. Settlement with Mass. Settlement with Mass.

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Collection Agency Wins MSJ Against S.C. AG in Anti-Spoofing Lawsuit

Account Recovery

JULY 14, 2022

AG in Anti-Spoofing Lawsuit appeared first on AccountsRecovery.net.

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Trial to Start This Week Challenging Arizona Medical Debt Collection Initiative

Account Recovery

AUGUST 8, 2022

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.

Garnishment

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Judge Grants MSJ in FDCPA Cases Over ‘Not an Attempt’ to Collect Disclosure in Letter

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?

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Arizona Medical Debt Collection Initiative Likely Heading to Ballot for November Election

Account Recovery

JULY 12, 2022

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 (..)

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Judge Denies Competing Summary Judgment Motions in FDCPA Case Over BK

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 […] (..)

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Daily Digest – October 26. Judge Denies Defendant’s Motion in FDCPA BK Case; Creditor Fined $10k For Collecting Debts in Different Name

Account Recovery

OCTOBER 26, 2021

Judge Denies Defendant’s Motion in FDCPA BK Case; Creditor Fined $10k For Collecting Debts in Different Name appeared first on AccountsRecovery.net.

Creditors

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Daily Digest – February 18. Judge Grants MSJ for Defendant in FDCPA Case; N.Y. Uni System Making Changes to Debt Collection Practices

Account Recovery

FEBRUARY 18, 2022

Uni System Making Changes to Debt Collection Practices appeared first on AccountsRecovery.net. Judge Grants MSJ for Defendant in FDCPA Case; N.Y.

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Judge Grants MSJ For Defendant in FCRA Case Over Accessing Credit Report When Collecting on Debt

Account Recovery

JANUARY 21, 2022

In a case that was defended by David Schultz and the team at Hinshaw Culbertson, a District Court judge in Arizona has granted a defendant’s motion for summary judgment after it was accused in a class action of violating the Fair Credit Reporting Act for accessing an individual’s credit report in order to obtain a … The post Judge (..)

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Daily Digest – June 8. Judge Denies Plaintiff’s Motion for Reconsideration in FDCPA Case; Report Ranks States According to Medical Debt Collection Laws

Account Recovery

JUNE 8, 2022

JUDGE DENIES PLAINTIFF’S MOTION FOR RECONSIDERATION IN FDCPA CASE A District Court judge in Indiana has denied a plaintiff’s motion for reconsideration after partially granting a defendant’s motion for summary judgment, ruling that the Court did not make an error by misinterpreting Section 1692e(8) of the Fair Debt Collection Practices Act.