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A collection operation is facing a FairDebtCollection Practices Act class action lawsuit for not adjusting the post-judgment interest rate after the state of Kentucky changed the maximum rate that could be charged seven years ago, according to a copy of the complaint.
A District Court judge in Florida has granted a plaintiff’s motion for summary judgment in a FairDebtCollection Practices Act case, ruling that a collection law firm used an invalid garnishment order to collect on the subject debt. The decision, issued by Judge William F.
Not necessarily, ruled a District Court judge in Pennsylvania, who granted the operation’s motion for summary judgment after it was sued for allegedly violating the FairDebtCollection Practices Act. The background: The defendant filed a lawsuit against the plaintiff in 2018 over an alleged creditcarddebt.
If you have ever listened to an attorney on one of my webinars talk about the differences between filing a motion to dismiss and a motion for summary judgment, they will tell you that the motion for summary judgment allows them to gather evidence, such as deposing the plaintiff.
A District Court judge in Oregon has granted a defendant’s motion for summary judgment after it was sued for violating the FairDebtCollection Practices Act because the plaintiff claimed never to have received a demand letter to recover an unpaid creditcarddebt and because the defendant is allowed to rely on information supplied … The (..)
A District Court judge in Missouri has granted a defendant’s motion for summary judgment in a FairDebtCollection Practices Act case, ruling the plaintiff lacked standing to sue after unsuccessfully attempting to have a dispute notation removed from her credit report.
Nearly a year after getting the ball to the one-yard-line, a District Court judge in Connecticut has finally crossed the goal line, granting a defendant’s motion for summary judgment on the last remaining claim in a FairDebtCollection Practices Act case over how it attempted to collect on an unpaid creditcarddebt.
For the second time, a District Court judge in Illinois has dismissed a FairDebtCollection Practices Act class-action lawsuit because the plaintiff lacked standing to sue, this time ruling that the plaintiff could not have paid the settlement amount offered by the debt collector or successfully changed the order of other payments.
Dealing with creditcarddebt is challenging, let alone facing a debt lawsuit.If Lawsuits also harm credit scores, and the stress from the legal process can exacerbate financial challenges. If you find yourself being sued by a debt collector, you may wonder how to get a creditcard lawsuit dismissed.
Does Colorado Law Protect Me From Debt Collectors? When collecting a debt from you, collection agencies must adhere to federal and state rules. Fortunately, the federal FairDebtCollection Practices Act (FDCPA) protects all states. What is the Federal FairDebtCollection Practices Act (FDCPA)?
Whether you have medical debt, creditcarddebt or unpaid student loans , getting calls or letters from debtcollection companies can be frustrating. But it’s especially frustrating if your debt is several years old. Ask the creditor to send you written notice of the debt.
District Court for the Western District of New York granted the plaintiff’s motion for class certification for alleged violations of the FairDebtCollections Practices Act (FDCPA) relating to an allegedly improper debt assignment notification. The default judgment was later assigned to Palisades Acquisition.
The Supreme Court of the United States (“Supreme Court”) recently affirmed the Third Circuit’s decision holding FairDebtCollection Practices Act (“FDCPA”) claims are subject to a one-year statute of limitations from the date of an alleged violation and rejecting the Fourth and Ninth Circuit’s adoption of a broad “discovery rule.”
Although, in some scenarios, a hybrid situation can occur, understanding the definition of consumer debt and commercial debt is key. Consumer debt refers to any debt incurred for personal, family, or household purposes such as creditcarddebt and medical bills.
If they do this knowing that the debt is past the statute of limitations, they may have violated the FairDebtCollections Practices Act. But they also know that most borrowers who are sued for old debts won’t show up in court, and the judge will issue a default judgment. Always respond to legal summons.
The money earned from these sales then goes to the creditors and any remaining balances on the debts are discharged. In some cases, debt collectors may take legal action by filing a lawsuit against you to obtain a court judgment.
DFS primarily collects on healthcare debt, as well as: Commercial debt. Creditcarddebt. Utility debt. If you are overwhelmed by dealing with negative entries on your credit report, we suggest you ask a professional credit repair company for help. Phoenix, Arizona 85053. Identity fraud.
Governments and regulatory bodies continually strive to strike a balance between consumer protection and enabling efficient debt recovery. New regulations, such as the implementation of the Consumer Financial Protection Bureau (CFPB) in the United States, aim to ensure fairdebtcollection practices and enhance consumer rights.
The attorney or debt collector must explicitly identify the debtcollection activities allowed by the FairDebtCollection Practices Act. In addition, the attorney must provide a list of income types protected from collection should the court grant the debt collector a judgment on the case.
Default Judgments in DebtCollection Cases. Many consumers who are sued for outstanding debts do nothing, and that is generally a big mistake. The survey data showed that more than 70% of debtcollection suits ended in default judgments. That is 20 years! Finding flaws in the claim.
Court of Appeals for the Third Circuit recently held that a debt collector did not violate the federal FairDebtCollection 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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