Collection Industry News

NOVEMBER 2, 2020

(The court did not address whether or not the problematic envelope being inside another envelope has any impact on its decision, but that’s likely because they were reviewing a decision on a motion to dismiss rather than a motion for summary judgment.). Creditor ID Claims—A Mixed Bag. A judgment is a judgment.

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Consumer Financial Services Law

JANUARY 22, 2021

19-357, resolves this split in favor of the creditor. 2009), that a creditor must return a debtor’s vehicle upon the debtor’s filing a petition for bankruptcy in order to comply with the automatic stay. The case, City of Chicago v. Fulton, No. General Motors Acceptance Corp. , 3d 699 (7th Cir. 11 U.S.C. § 11 U.S.C. § Strumpf , 516 U.S.

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Jimerson Firm

MAY 25, 2021

The notice of sale must include: (a) A description of the property to be sold; (b) The time and place of sale; (c) A statement that the sale will be made pursuant to the order or final judgment; (d) The caption of the action; (e) The name of the clerk making the sale; and. (f) A Proper Final Judgment of Foreclosure: Form 1.996(a).

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ABI

JANUARY 10, 2020

4] Debtor’s initial proposed plan was rejected by the judgment creditors because it paid them less than twenty percent on the outstanding debts. The second plan proposed paying those creditors in full over two decades. 1] The debtor was a physician who earned approximately $400,000 per year. [2] per year. [5]

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Troutman Sanders

MAY 5, 2021

Communications with the consumer’s attorney, a creditor or its attorney, the debt collector’s attorney, or a consumer reporting agency are permissible, as are certain communications with third parties to locate a consumer or those required by a court or court judgment. ” Plaintiff’s Allegations.

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Jimerson Firm

SEPTEMBER 28, 2020

If a defendant cannot be located, then service may be effected by constructive service, i.e., service by publication, which is governed by Chapter 49, Florida Statutes. Before a defendant can be served by constructive service, the plaintiff must make a diligent search and inquiry to locate the defendant. See Shepheard v. 2d 340 (Fla.

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Burr Forman

DECEMBER 4, 2020

This legislation prohibits judgment creditors from initiating new “extraordinary” collection actions, including garnishment, attachment, levies, or execution. Debtors must notify creditors if they are facing financial hardship due to COVID-19, but no additional documentation is required for protection. Stearns of the U.S.

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Account Recovery

FEBRUARY 3, 2025

A District Court judge in California has denied a plaintiff’s motion for default judgment and granted a defendant’s motion to set aside default in a Fair Debt Collection Practices Act case, ruling that the defendant was not properly served and had demonstrated a meritorious defense.

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ABI

FEBRUARY 25, 2025

Rechnitz ( In re Black Elk Energy Offshore Operations, LLC ), the United States Court of Appeals for the Fifth Circuit held that when a shareholders agent fraudulently acquires funds, the shareholder is not afforded the protection of a good-faith transferee when that shareholder has constructive knowledge of the agents fraudulent transfers. [2]

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ABI

FEBRUARY 26, 2025

3] While their new home was under construction, their oft-troubled relationship began to deteriorate, and McKee ended the relationship in 2016 after just one year of living in the Palm Springs home. [4] 1] In 2003, Michele McKee and Laura OKane began dating. [2] 5] However, by December 2016, she felt that she had to leave. [6]

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ABI

FEBRUARY 26, 2025

12] EPD was forced into chapter 7 bankruptcy by its creditors, and the United States Bankruptcy Court for the Central District of California appointed Jason Rund as trustee. [13] 14] In a six-day trial against Kirkland in the District Court for the Central District of California, the jury entered a judgment in Kirklands favor. [15]

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Collection Industry News

OCTOBER 3, 2022

Federal district courts, with the consent of the parties, are authorized by statute to refer “civil matter[s]” to magistrate judges for the purpose of conducting all proceedings and entering a judgment in the litigation. Supreme Court have jurisdiction to hear appeals of orders or judgments issued by lower courts. 4th 471 (5th Cir.

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