Credit Corp

MARCH 12, 2025

million debt collection lawsuits were filed in 2022 alone. Failing to respond can result in default judgment, allowing the creditor to take action by seizing your assets or withholding your wages. If you find yourself being sued by a debt collector, you may wonder how to get a credit card lawsuit dismissed. An estimated 2.5

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Credit Corp

NOVEMBER 9, 2020

If you or someone you know has dealt with a collection agency, you know how trying it can be. Debt collection agencies have a long history of harassment and illegal practices. Can a collection agency report to a credit bureau without notifying you? It does not come into play for creditors collecting their own debts.

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Credit Corp

JUNE 14, 2020

The most common cases of zombie debt involve collection activities. Here’s one example of how a zombie might rise with help from a collection agency. The original lender or collection agency fails to collect within the statute of limitations. Zombie Debts and Judgments. You default on a debt.

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Troutman Sanders

FEBRUARY 1, 2022

District Court for the Southern District of California, granting summary judgment in favor of a debt collector in a Fair Debt Collections Practices Act (FDCPA) case. In doing so, it held that a collection letter, which indicated that the debtor could only dispute the underlying debt in writing, violated the FDCPA.

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Credit Corp

JUNE 3, 2021

But it takes a lot to get to that scenario, so if you’re not there yet you still have time to learn how to protect yourself from this type of collections activity. In some cases, a spouse might have some legal protection against creditors seeking to collect money owned by their partner. Unfortunately, the answer is yes.

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Credit Corp

AUGUST 31, 2021

Can a debt collector collect after 10 years, for example? Can a debt collector collect after 10 years? Time-barred debts and your credit report What to do if you are contacted about an old debt COVID-19 and debt collections. Can a Debt Collector Collect After 10 Years? Find out in the informational guide below.

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Troutman Sanders

MARCH 22, 2023

An Illinois federal district court recently denied a creditor-defendant’s motion for summary judgment in a Fair Credit Reporting Act (FCRA) case brought by a consumer who questioned why his debt was being reported twice — as both a tradeline with the original creditor and as a tradeline with a third-party collection agency.

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Debt Free Colorado

FEBRUARY 21, 2022

When collecting a debt from you, collection agencies must adhere to federal and state rules. Fortunately, the federal Fair Debt Collection Practices Act (FDCPA) protects all states. You have rights to help you gain control over your debt collection interactions. Call or text you to collect a debt between 8 a.m.

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Troutman Sanders

JULY 30, 2021

July 22, 2021), the Eastern District of Michigan granted summary judgment in favor of a debt collector, holding that it did not violate the Fair Debt Collections Practices Act (FDCPA) by failing to report that the plaintiff disputed the debt at issue. to collect from plaintiff, Florence Burns (Burns).

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National Service Bureau

MAY 27, 2015

Medical collections are a particularly difficult field - they demand tact, human dignity, and effective collection tactics all at the same time. Nearly half of all medical collection complaints filed with the CFPB in 2014 regarded continued attempts to collect a debt not owed.

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Troutman Sanders

SEPTEMBER 21, 2022

A recent federal district court opinion highlights the potential pitfalls associated with renewals of unsatisfied default judgments. serves as a reminder that judgment creditors must still tread carefully when seeking to collect on, or revive, judgments from yesteryear. The case, Sarah Pitera v.

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Troutman Sanders

NOVEMBER 16, 2021

The Act amends provisions of New York’s Civil Practice Law and Rules, commonly referred to as the CPLR, and the Judiciary Law to require original creditors and third-party debt collectors to include certain information and documents when filing and prosecuting debt collection actions.

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Collection Industry News

AUGUST 3, 2021

July 22, 2021), the Eastern District of Michigan granted summary judgment in favor of a debt collector, holding that it did not violate the Fair Debt Collections Practices Act (FDCPA) by failing to report that the plaintiff disputed the debt at issue. to collect from plaintiff, Florence Burns (Burns).

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Collection Industry News

MARCH 23, 2021

Court of Appeals for the Third Circuit recently held that a debt collector did not violate the federal Fair Debt Collection Practices Act (FDCPA) when it sent a consumer a collection letter inviting her to “eliminate further collection action” by calling the company, when in fact only written communication could legally stop collection activity.

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Collection Industry News

AUGUST 8, 2022

15 provides the Private Student Loan Collections Reform Act, which is contained in Sections 1788.200 to 1788.211. Section 1788.205 provides that, in an action brought by a private education lender or private education loan collector to collect a private education loan, the complaint must allege specified information. Title 1.6C.15

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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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Troutman Sanders

JANUARY 12, 2023

On January 11, the Consumer Financial Protection Bureau (CFPB) announced it reached a settlement with law firm Forster & Garbus, LLP in its lawsuit over alleged illegal debt collection practices. In doing so, the CFPB alleged (similar to its previous actions involving the law firms Frederick J.

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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

APRIL 1, 2022

Whatever you’re dealing with, late payments, collections, charge-offs, or foreclosures, the following techniques can clean up your credit quickly. Collection). Write a letter to the original creditor or collection agency and ask them to remove the negative entry from your credit history as an act of goodwill.

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Troutman Sanders

AUGUST 26, 2020

The collection letter from the debt collector included a request for repayment of principal and interest. The defendant argued that it relied on information provided by the original creditor, based on which it should be entitled to the bona fide error (BFE) defense.

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Credit Corp

FEBRUARY 23, 2024

Key Takeaways: Zombie debt arises based on collection agencies. It may be possible to settle zombie debt with your original creditor. The Fair Debt Collection Practices Act (FDCPA) helps protect you from harassment. Collection activities are the most common causes of a zombie debt outbreak.

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FFGN COLLECT NY

DECEMBER 12, 2023

Is there a law in NYC that protects consumers and debtors from debt collecting agencies, businesses, and their attorneys? In this case, you should uphold your consumer rights to ensure ethical practices during the debt collection process. Consumers must be aware that the debt they are being collected for is valid.

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Collection Industry News

JANUARY 29, 2021

The debt collector may select one of five reference dates as the itemization date: 1) the last statement date; 2) the charge-off date; 3) the last payment date; 4) the transaction date; or 5) the judgment date; and. The final rule follows a related final rule on debt collection practices issued by the CFPB in November 2020.

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Troutman Sanders

OCTOBER 12, 2021

district judge in Arkansas recently granted the defendant McKendra Adams’s (Adams) motion to dismiss for lack of standing involving an alleged violation of the Fair Debt Collection Practices Act (FDCPA). Adams , a U.S. The case began when Cheatham defaulted on a car loan and surrendered the vehicle, which was sold at auction.

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Better Credit Blog

APRIL 1, 2022

If you fall into hard times, the inability to pay off your credit card bills or student loans can result in your debts being transferred to a debt collection agency. In fact, they are a multifaceted company that can be a part of the debt collection process in the early stages (pre-charge of recovery) or the post-collection stage.

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BN Lawyers

JANUARY 14, 2019

A debt collector is free to collect during the thirty-day period as long as it does not overshadow or contradict the consumer’s thirty-day rights. Whether easy or difficult, the Act mandates that the debt collector cease its collection efforts until the required information has been mailed to the consumer.

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Credit Corp

JUNE 14, 2023

Keep in mind that a creditor writing off your unpaid debt as a loss doesn’t mean you don’t owe the debt. Your creditor may sell your charged-off debt to a collection agency for pennies on the dollar. The collection agency may then attempt to collect the debt anew.

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Credit Management Company

AUGUST 9, 2022

While many consumers are able to manage their debt load and stay current on their accounts, many businesses are finding themselves with uncollected debt and no proven collection strategy. Before you can collect on any debt, you need to validate the debt in accordance with the Fair Debt Collection Practices Act.

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Debt Collection Answers

MAY 18, 2023

Like all other debt collectors, DNF Associates, LLC depends on multiple sources of information to pursue debt collection. They can request a default judgment from the court if they contact you and you fail to respond within 20 days. Typically, DNF Associates purchase these debts for as low as 10% of the original amount owed.

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Consumer Financial Services Law

JANUARY 22, 2021

Enloe On December 18, 2020, the CFPB published the remainder of its Final Debt Collection Rule (the “Rule”) highlighting its crown jewel - the provisions centering around debt validation notices. of the Rule prohibits legal actions or threats of legal actions against a consumer to collect time-barred debts. By Caren D. Section 1006.2(c)

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Debt RR

AUGUST 3, 2020

Sometimes, that debt gets out of hand and businesses find themselves on the receiving end of calls from commercial debt collection agencies. Here’s everything businesses need to know about commercial debt collection agencies and how to manage communication without disrupting day-to-day operations. How Long Can a Debt be Pursued?

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Troutman Sanders

OCTOBER 17, 2023

In 2010, the defendant purchased the account and placed it with a law firm for collection. The trial court granted summary judgment to the defendant on all claims finding that because the defendant was not a consumer lender it was not required to obtain the license at issue.

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Collection Industry News

OCTOBER 12, 2020

Here’s some bedrock—debt collectors can call numbers supplied by the consumer to an original creditor as part of a credit transaction. Defendant moved for summary judgment and court granted. Either way, it never hurts to have a court decide that consent passed from a creditor to a debt collector. Back to Amadasun.

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Collection Industry News

NOVEMBER 2, 2020

In Preston , the debt collector sent a collection letter that was inside of an envelope, which itself was inside another envelope. Creditor ID Claims—A Mixed Bag. Justice Barrett sat on two different panels that reviewed the issue of whether the debt collector sufficiently identified the creditor to whom the debt is owed. .”

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Consumer Financial Services Law

AUGUST 14, 2017

The juxtaposition of Sections 1692e and 1692g continues to be a battle ground for the consumer bar and collection industry. Section 1692e prohibits false, deceptive or misleading representations in connection with the collection of a debt. In Powers v. Capital Mgmt Servs.,

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Taurus Collect

NOVEMBER 15, 2023

Regulations around debt collection are strict, and experts from no cure no pay debt collection UK are here to help you navigate these waters. In this post, we will explore the rights and regulations governing debt collection in the UK. ” If you’re based in the UK, the answer may surprise you. or after 9 p.m.,

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FDCPA Defense

NOVEMBER 11, 2014

Section 1692g requires that within five days of the “initial communication with a consumer in connection with the collection of any debt” a collector must send the consumer a written notice containing, inter alia , the amount of the debt, and the name of the creditor to whom the debt is owed. See 15 U.S.C. 1692g(a)(1), (2).

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