Collections Law

MAY 12, 2022

If you have a customer who has not paid their bill, you might be wondering how long you have to collect on it. Perhaps you have tried to collect on your own to no avail and you are wondering what steps you should take next. In Massachusetts, all general debts have a six year statute of limitations on them for collection.

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Jimerson Firm

JANUARY 26, 2023

When a judgment creditor in Florida attempts to collect on a judgment involving an individual, one mechanism for doing so is through a garnishment action of the judgment debtor’s bank account. Florida has a statutory garnishment process that judgment creditors must follow. See Florida Statute Chapter 77.

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FFGN COLLECT NY

JUNE 12, 2022

Are you or your collection attorney attempting debt collection efforts even though the debtor filed for bankruptcy? If so your collection attorney is exposing you, the law firm, and themselves to personal liability for a money judgment that could far exceed your claim. A Cautionary Tale. The debtor did not pay.

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Collections Law

AUGUST 30, 2024

When you’re struggling to collect on a business debt, sometimes, you need to rely on effective tools and creative strategies. Our aggressive and relentless commercial collections attorneys have more than 50 years of combined experience. Mechanic’s liens and payment bonds are two powerful options available under Massachusetts law.

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FFGN COLLECT NY

APRIL 21, 2022

By choosing to enlist the help of a debt collection law firm you can take advantage of a number of different debt collection options to assist in the collection of monies owed to you. Collection attorneys work as a “legal” agency. Most collection attorneys will handle all phases of the debt collection process.

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Collections Law

SEPTEMBER 21, 2020

If you work in or supply materials to the construction industry and are not using mechanic’s liens for your debt recovery , you are missing out on a valuable tool. Your industry is the only one with this type of collection tool, and it works very well. Why Should I File a Mechanic’s Lien With a Trusted Attorney?

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FFGN COLLECT NY

SEPTEMBER 24, 2024

For those in industries filled with chronically late payors, it can be difficult to know when the right time to send a client to collections is. You may worry that by placing your customer in collections, you will lose the “relationship.” So how do you know when it’s time to send your client to collections?

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FFGN COLLECT NY

AUGUST 1, 2022

New York offers additional debt collection remedies and relief against owners, officers, and corporations using funds for their own purposes rather than paying subcontractors, vendors, and suppliers. The subcontractor, supplier, or vendor is not required to file a mechanic’s lien to pursue a trust fund violation.

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Nexa Collect

NOVEMBER 1, 2021

Individuals can be legally forced to pay their debts with their cryptocurrency, but the creditor must have a judgment which states that the debtor is obligated to pay off the debt, including any cryptocurrency they own. How do traditional payment methods work to collect payments? Summary: Indeed!

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FFGN COLLECT NY

DECEMBER 9, 2020

The media has brought attention to debt collection firms that have failed to deliver proper notice of debt collection actions to debtors. The result of these investigations highlights the judgments entered without cause and disciplinary actions against the firms for failing to deliver solid service of the court documents.

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Taurus Collect

DECEMBER 18, 2023

An inevitable part of this financial management is the realm of commercial debt collection. Whether you’re a small business owner or a financial manager in a large corporation, understanding the best practices for commercial debt collection can dramatically enhance your cash flow and protect your business’s financial health.

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Collection Industry News

JULY 27, 2021

The industry trade teams challenging the CFPB’s rule that is final Payday, Vehicle Title, and Certain High-Cost Installment Loans (the Rule) have filed a movement for summary judgment. The plaintiffs argue that the payments provisions should be held unlawful and set aside for the following reasons in their summary judgment motion.

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FFGN COLLECT NY

OCTOBER 16, 2020

After finally collecting the monies owed to you through debt collection litigation, the debtor wants their money back. First, you have to put the customer into collections. If the demand is not productive, you needed to sue and wait for judgment. If the demand is not productive, you needed to sue and wait for judgment.

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Troutman Sanders

MARCH 17, 2023

million settlement with Safe Home Security, its CEO, and affiliated companies to resolve allegations that their practices violated state consumer protection laws by “trapping Massachusetts consumers in long-term auto renewal contracts” and engaging in illegal debt collection practices, among other activities. The settlement includes a $1.8

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Troutman Sanders

SEPTEMBER 11, 2023

On September 8, a federal court in the Eastern District of Texas granted summary judgment in favor of the U.S. The complaint also argued that the CFPB’s funding mechanism is unconstitutional because it evades the congressional appropriations process. The final judgment will be issued “forthwith.”

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FFGN COLLECT NY

FEBRUARY 2, 2021

Filing a mechanic’s lien may not be enough to get paid. Believing the owner did not pay the general contractor for your work, you filed a mechanic’s lien against the property at 123 First Avenue. Extending the Mechanic’s Lien. Foreclosing on a Mechanic’s Lien. Securing Payment.

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Financial Forensic Services

SEPTEMBER 19, 2021

History of the Judgment Enforcement Problem. 80 percent of the civil money judgments in the United States are never collected. Note: when drafting the judgment language for the judge’s signature, many attorneys stop with “legal fees.” Be sure to have the attorney include “plus the cost of collections.”

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FFGN COLLECT NY

SEPTEMBER 8, 2022

You are concerned that the debtor is in poor financial condition, and that by the time a lawsuit commences and a judgment is obtained, the debtor will not have any assets available to satisfy the outstanding debt. If you are trying to collect money from a debtor, contact Frank, Frank, Goldstein and Nager to learn more about your options.

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Collections Law

MARCH 8, 2021

However, the construction industry has its own unique debt collection tool on its side, and hundreds of professionals turn to mechanic’s liens every day. But who is eligible for a mechanic’s lien? For those situations where it is applicable, having the experienced collection attorneys at the Law Offices of Alan M.

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Collection Industry News

APRIL 11, 2022

Previously, the Southern District Court of Florida granted Ocwen summary judgment on the remaining counts from a lawsuit filed in April 2017 by the CFPB and what would become 30 state regulators and attorneys general; all of the states settled with Ocwen and are no longer a part of this case. The CFPB declined to comment.

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The McHughes Law Firm

JUNE 22, 2016

In today’s volatile marketplace, the existence of a personal guarantee may provide the only viable basis for collecting outstanding receivables from a corporate obligor experiencing financial difficulty. A provision for the recovery of collection expenses and attorney’s fees should be inserted.

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Collection Industry News

JUNE 16, 2023

When it comes to commercial debt collection, the regulatory framework differs from consumer debt collection. Contract law: The foundation of commercial debt collection is often contractual agreements. State laws: Commercial debt collection is primarily regulated at the state level.

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Collection Industry News

OCTOBER 21, 2022

In a major decision released October 19, a three-judge panel of the Fifth Circuit Court of Appeals found the funding mechanism for the Consumer Financial Protection Bureau (CFPB or Bureau) to be unconstitutional. The district court granted summary judgment in favor of the Bureau. Stefanie Jackman, James Kim, Chris Willis, David N.

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Troutman Sanders

OCTOBER 4, 2023

The plaintiff did not provide the documents and the account was referred to a collection agency and reported to the CRAs as delinquent. The collection agency received the indirect dispute, updated the plaintiff’s address in the system, and confirmed the account name and social security number, but did not investigate the fraud claim.

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Consumer Financial Services Law

MARCH 23, 2021

District Court for the Eastern District of New York recently denied cross-motions for summary judgment on a debtor’s claim that a law firm’s validation notice constituted a meaningful attorney involvement violation of the FDCPA. By: Landon G. Van Winkle The U.S. Solovyova v. Grossman & Karaszewski PLLC , No. 19-CV-2996, 2021 U.S.

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Collection Industry News

OCTOBER 25, 2021

AB 430 , which amends California’s identity theft and debt collection laws. stopping debt collection, civil judgment for identity theft) that formerly required a police report. The post California Passes Suite Of New Privacy Laws appeared first on Collection Industry News.

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Troutman Sanders

MARCH 24, 2022

The term also includes a transaction with a true-up mechanism for financing that is repaid as a fixed payment but provides for a reconciliation that “adjusts the payment” to an amount that is a percentage of sales or revenue. Those contracts involve a reconciliation, but do not include an adjusted payment.

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Troutman Sanders

OCTOBER 16, 2023

In its amicus brief, NASAA pushed back on Coinbase’s motion for judgment on the pleadings, which sought to dismiss the SEC’s case with a ruling that Coinbase has not listed investment contracts based on the existing facts. million, allegedly collecting about $81,000 of that amount. For more information, click here.

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FDCPA Defense

APRIL 17, 2019

The CFPB is expected to announce proposed debt collection rules in the near future that may incorporate the theory. The attorney gets to decide, in consultation with the client, and based on the attorney’s professional judgment, what to review and how long to review it before sending a demand letter. 1692, et seq. the “FDCPA”).

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ABI

JANUARY 12, 2022

7] The claim was denied, and in May 2020, Darden’s wife and children (collectively, the “Dardens”) commenced an adversary proceeding seeking declaratory relief that the Trust must compensate them for Edward Darden’s illness and wrongful death, irrespective of the Release. [8] California Code of Civil Procedure § 377.60 18] . [1]

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FDCPA Defense

MARCH 23, 2015

The FDCPA prohibits a collector from placing “any language or symbol” on a debt collection envelope, other than the collector’s address. A collector cannot even put its own name on the envelope, unless the collector is certain the name does not indicate that the company is in the debt collection business. Diversified Collection Servs.,

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FDCPA Defense

JANUARY 28, 2012

For example, generally speaking, the Act applies only to “debt collectors” who regularly attempt to collect debts that are “due another.” 2008) (sole member of LLC may be held liable under FDCPA if he plays a significant role in directing the firm’s debt collection activities). Capital Credit & Collection Servs.,

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Troutman Sanders

FEBRUARY 8, 2021

Uejio said he was directing CFPB’s Division of Research, Markets, and Regulations to “explore options for preserving the status quo with respect to [the qualified mortgage rule] and debt collection rules.” The debt collection rule is currently scheduled to go into effect on November 30, 2021. For more information, click here.

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Collection Industry News

JANUARY 10, 2025

Among the charges on the statement, which was reviewed by TIME, were $425 for a mold made of his mouth and $290 for the contents of the gift bag, which included an expensive mechanical toothbrush Zhou hadnt requested, he says. The post How Doctors Are Pushing Medical Credit Cards on Patients appeared first on Collection Industry News.

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Account Recovery

NOVEMBER 27, 2024

As you may know, there are two FDCPAs — the Fair Debt Collection Practices Act and the Federal Debt Collection Procedures Act. The ruling is noteworthy not just for the size of the judgment but also for the novel legal questions it raised regarding the interplay between state and federal law. Judge Daniel D. Learn more.

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Collection Industry News

JULY 25, 2022

Court of Appeals for the Fifth Circuit signaled their view that the CFPB’s funding mechanism violates the Constitution’s separation of powers because it happens outside of the congressional appropriations process. The post CFPB Sues TransUnion A Second Time For Same Violations appeared first on Collection Industry News.

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Collection Industry News

AUGUST 9, 2021

Department of Health and Human Services to instruct the CDC to “make and enforce such regulations as in his judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases,” and to enact “other measures as in his judgment may be necessary” to carry out those regulations. On March 10, 2021, U.S.

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