Account Recovery

AUGUST 26, 2024

The background: The case arose from an attempt to collect a debt owed by the plaintiff, who had defaulted on a loan that was later purchased by the defendant, a debt buyer. The debt buyer referred the plaintiff’s account to a collection law firm to pursue legal action. The ruling: In this ruling, Judge Anthony J.

Law Firms 130

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Account Recovery

JULY 16, 2024

Bank, Collection Law Firm Facing FDCPA Class Action Over Reviving Dormant Judgments Judge Denies MSJ For Defendant in FCRA, FDCPA Case Over Disputed Debt More Americans Living Paycheck to Paycheck: Survey A Summary of Comments on Medical Debt Credit Reporting Proposal WORTH NOTING: The best Prime Day deals available so far … The best video […] (..)

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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.” ” The ruling: Judge Julie R.

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Account Recovery

MARCH 20, 2025

Over time, they neglected to pay the maintenance and cable fees for the property, and the homeowners association hired the defendant, a collection law firm, to collect the outstanding fees. Despite the plaintiffs attempts to resolve the situation, including contacting the HOA for payment details, the fees went unpaid.

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Account Recovery

JANUARY 25, 2023

A bankruptcy court judge in Virginia has ordered a collection law firm to pay $25,000 in attorney’s fees to the plaintiffs for violating the discharge of a judgment through bankruptcy by sending a payoff letter to the plaintiffs after the plaintiff requested it. A copy of the ruling in the case of Skaggs v.

Law Firms 130

Law Firms Collections Bankruptcy Judgment 130

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

MAY 5, 2023

BANK ACCUSED IN FDCPA CLASS ACTION OF USING STRAW LAW FIRM TO COLLECT ON DEBT A patsy. A class action lawsuit is accusing a bank of using a law firm as a front to collect on its own debts, allegedly violating the Fair Debt Collection Practices Act by sending … The post Daily Digest – May 5.

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Account Recovery

JANUARY 25, 2023

Judge Awards $25k in Sanctions Against Collection Law Firm; CFPB Launches Credit Card Review first appeared on AccountsRecovery.net. Judge Awards $25k in Sanctions Against Collection Law Firm; CFPB Launches Credit Card Review appeared first on AccountsRecovery.net. The post Daily Digest – January 25.

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Account Recovery

JANUARY 25, 2022

The Court of Appeals for the Ninth Circuit has partially affirmed and partially reversed a lower court’s ruling in a Fair Debt Collection Practices Act case, determining that the District Court judge should not have granted summary judgment for a collection law firm that “expressly” informed an individual in a collection letter that (..)

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Account Recovery

JANUARY 27, 2025

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. The background: The case stemmed from a consumer credit card debt judgment originally obtained in Tennessee by a creditor.

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Account Recovery

JULY 16, 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

OCTOBER 5, 2021

The Supreme Court of Montana has affirmed a lower court’s ruling against a plaintiff’s attorney who filed suit against a debt collector, another attorney who was hired to collect on a judgment against the plaintiff’s attorney, and a law firm that had agreed to have its offices used for a deposition after a judgment was … The (..)

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Account Recovery

JANUARY 25, 2022

Appeals Court Partially Overturns Ruling in FDCPA Case; Reg F Lawsuit Filed Over Credit Reporting appeared first on AccountsRecovery.net.

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Account Recovery

FEBRUARY 18, 2025

Merchant of the District Court for the Eastern District of New York issued the ruling, determining that the plaintiff failed to establish sufficient connections between the law firm and the state of New York to justify her authority over the defendant. Read on to hear what the experts have to say this week. More details here.

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Account Recovery

FEBRUARY 29, 2024

The Attorney General of New York yesterday announced an Assurance of Discontinuance with a collection law firm and its subsidiary that will see it pay $655,600 in fines and restitution to consumers.

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Judgment Law Firms Collections 130

Account Recovery

MARCH 5, 2024

A District Court judge in Michigan has certifies a class in a Fair Debt Collection Practices Act case accusing a collection law firm of charging excessive post-judgment interest on dozens of debt collection lawsuits across the state. In three of the cases, […]

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Judgment Fair Debt Collection Law Firms Collections 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.

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Account Recovery

MARCH 10, 2025

When obtaining a judgment in a debt collection action and, thereafter, seeking to enforce that judgment, debt collectors must be aware of the EIPA and proceed accordingly. More details here. WHAT THIS MEANS, FROM JACQUELYN DICICCO OF J. More details here.

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Account Recovery

APRIL 3, 2024

A District Court judge in Pennsylvania has denied a defendant’s motion to dismiss a Fair Debt Collection Practices Act class action lawsuit, ruling the plaintiff plausibly alleged violations of the statute after the defendant — a collection law firm — allegedly edited an account statement to include additional fees.

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Judgment Fair Debt Collection Law Firms Collections 130

Credit Corp

JUNE 3, 2020

A judgment is an order issued by a court of law. The company, creditor or collection agency has legal ways to pursue payment. If they are successful, the court issues a judgment against you. What Happens After a Judgment Is Entered Against You? You should receive a notice of the judgment entry in the mail.

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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.

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Garnishment Fair Debt Collection Law Firms Judgment 130

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.

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Garnishment Fair Debt Collection Law Firms Judgment 130

Troutman Sanders

NOVEMBER 12, 2021

Capouano, Beckman, Russell & Burnett LLC , the Court of Appeals for the Eleventh Circuit recently affirmed defendant law firm Capouano, Beckman, Russell & Burnett LLC’s (Firm) motion for summary judgment involving an alleged violation of the Fair Debt Collection Practices Act (FDCPA).

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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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Jimerson Firm

DECEMBER 8, 2020

The Florida Supreme Court has published the proper form to use when seeking a final judgment of foreclosure: Form 1.996(a), Final Judgment of Foreclosure (8-18-20). What Does Form 1.996(a), Final Judgment of Foreclosure, Include? Plaintiffs in Hillsborough county must use the Uniform Final Judgment of Foreclosure form.

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FFGN COLLECT NY

JUNE 14, 2023

When a debtor owes a creditor money and the creditor is seeking assistance collecting the amount owed, the creditor can either use a collection law firm or a collection agency. Law firms and collection agencies serve the same purpose initially.

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Account Recovery

SEPTEMBER 9, 2024

In this case, a credit-reporting agency defending an FCRA case issued subpoenas to a consumer law firm to determine whether that firm was acting as a credit-repair organization and to learn about its process for creating and sending dispute letters on behalf of consumers. More details here.

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Collections Law

FEBRUARY 9, 2024

Cohen & Associates LLC, our commercial collections attorneys have over five decades of commercial collections experience. Our firm’s attorneys relentlessly and aggressively pursue the collection of debts on behalf of our clients while maintaining the utmost ethical standards to do so. What is ethical debt collection?

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Consumer Financial Services Law

MARCH 27, 2018

5082, officially known as the “Practice of Law Technical Clarification Act of 2018,” to the full House of Representatives. Dunn The House Financial Services Committee voted 35-25 on March 21, 2018 to advance H.R.

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Credit Corp

MAY 30, 2023

A judgment is an order issued by a judge or jury to settle a lawsuit. In this case, the judge may order you to pay the other party as part of the court’s final judgment. The order can be issued in one of two forms: A monetary judgment: A judgment that orders one party to pay the other party a specific amount of money.

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Collections Law

SEPTEMBER 24, 2021

If you are having trouble collecting a commercial debt, you may wonder what you can do to make the debtor pay. The truth is, you have many tools available to you under Massachusetts law. The experienced commercial collections attorneys at the Law Offices of Alan M. Cohen LLC know how to choose the right tools for the job.

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Account Recovery

SEPTEMBER 26, 2024

First, Judge Nelson found that there was a genuine issue of fact as to whether the defendant regularly engages in debt collection activities, a requirement for liability under the FDCPA. Learn more.

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Fair Debt Collection Law Firms Debt collector Judgment 130

Account Recovery

OCTOBER 7, 2024

WHAT THIS MEANS, FROM JUSTIN PENN OF HINSHAW CULBERTSON: Too often the ARM industry finds itself defending federal litigation that arises out of unsuccessful state court collection lawsuits, and this case is helpful in at least two ways. First, it supports the notion that not all failed collection litigation should result in an FDCPA claim.

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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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Troutman Sanders

FEBRUARY 28, 2023

On February 13, the Second Circuit Court of Appeals affirmed the decision of an Eastern District of New York court and found that the defendant law firm, Mandarich Law Group, LLC (Mandarich), had conducted a meaningful attorney review of the plaintiff debtor’s account prior to mailing her a debt collection letter on the firm’s letterhead.

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Law Firms Judgment Fair Debt Collection Bankruptcy 52

Debt RR

AUGUST 27, 2021

When you’re attempting to collect a debt from a commercial customer, you know that every second counts. After all, the older the debt is, the harder it becomes to collect. When the traditional letters, phone calls, and negotiations fall short, it may be time to consider filing a debt collection lawsuit against your customer.

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Collections Debtor Judgment Collection Agencies 98

FDCPA Defense

AUGUST 19, 2013

291 (1995), lawyers have known that if they seek to collect consumer debts for clients – even when doing so through litigation – they might qualify as a "debt collector" under the Fair Debt Collection Practices Act, 15 U.S.C. Jenkins , 514 U.S. As confirmed by a recent decision from the Tenth Circuit, James v. Wadas , _ F.3d

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