Account Recovery

SEPTEMBER 14, 2021

JUDGE GRANTS MSJ FOR DEFENDANT IN FDCPA CASE OVER MISSTATED DEBT AMOUNT IN LETTER After defaulting on a credit card debt, having a judgment issued against you, and then receiving four more collection letters seeking to collect on a debt, is there anyone who thinks that the next letter is going to induce an individual … The post Daily Digest – (..)

Credit Card Debt 235

Credit Card Debt Collections Judgment 235

Account Recovery

JANUARY 2, 2024

An Ohio Appeals Court has upheld a summary judgment ruling in favor of a collection operation that filed a lawsuit seeking to collect on an unpaid debt. The Background: In September 2022, the plaintiff filed a lawsuit against the defendant seeking to collect on an unpaid credit card debt.

Judgment 130

Judgment Credit Card Debt Collections 130

Account Recovery

SEPTEMBER 27, 2024

The background: The case originated when the plaintiff defaulted on a credit card debt. The debt was subsequently assigned to various entities, ultimately landing with the defendant debt buyer. In 2017, the defendant obtained a default judgment against the plaintiff.

Credit Card Debt 246

Credit Card Debt Judgment Collections 246

Credit Corp

MAY 17, 2021

But those who are struggling with debt might wonder: Can my stimulus check be garnished for credit card debt or other money owed. The short answer is yes, but it depends on the type of debt you’re dealing with. Credit Card Debt: Yes. Debt Collections: Yes.

Credit Card Debt 105

Credit Card Debt Garnishment Student Loans Student loans 105

Account Recovery

APRIL 2, 2024

A District Court judge in Missouri has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling the plaintiff lacked standing to sue after unsuccessfully attempting to have a dispute notation removed from her credit report.

Credit Card Debt 130

Credit Card Debt Fair Debt Collection Judgment Collections 130

Account Recovery

SEPTEMBER 9, 2024

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 Fair Debt Collection Practices Act case over how it attempted to collect on an unpaid credit card debt.

Credit Card Debt 130

Credit Card Debt Fair Debt Collection Judgment Collections 130

Credit Corp

MAY 1, 2024

Credit card debt forgiveness, also known as debt settlement, involves negotiating with creditors to reduce the amount owed on your credit card balances. trillion in credit card debt. What Is Debt Forgiveness? What Is Debt Forgiveness?

Credit Card Debt 59

Credit Card Debt Chapter 7 bankruptcy Bankruptcy Creditors 59

Account Recovery

OCTOBER 2, 2024

For the second time, a District Court judge in Illinois has dismissed a Fair Debt Collection 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.

Credit Card Debt 130

Credit Card Debt Fair Debt Collection Debt collector Judgment 130

Payment Savvy

NOVEMBER 5, 2020

Each state gives creditors and collection agencies varying times to file suit on unpaid and delinquent credit card debt. Dependent on the state, debt collectors are allotted a finite timeframe to file suit against consumers with past due credit card balances. State Statutes for Credit Card Debt.

Credit Card Debt 52

Credit Card Debt Collections Collections Agency Collection Agencies 52

Credit Corp

MARCH 12, 2025

Dealing with credit card debt 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 credit card lawsuit dismissed.

Debt collector 52

Debt collector Credit Card Debt Creditors Bankruptcy 52

Troutman Sanders

JANUARY 29, 2024

She listed 45 unsecured creditors in her schedules of assets and liabilities, including the $7,400 credit card debt at issue. However, testimony later showed that the entity listed as holding the debt, Direct Merchants Bank, was not the actual creditor but rather a registered trademark owned by Metris Companies.

Bankruptcy 98

Bankruptcy Chapter 7 bankruptcy Credit Card Debt Garnishment 98

Sawin & Shea

JULY 28, 2021

Credit card debts: Although credit card debt dropped in 2020 (possibly because of Covid and the fact that people were staying at home), the average household credit card debt is $ 5,315. Civil court judgments (not counting anything that was based on fraud). We are here to help.

Bankruptcy 105

Bankruptcy Credit Card Debt Chapter 13 bankruptcy Chapter 7 bankruptcy 105

Troutman Sanders

FEBRUARY 3, 2023

The court held that the plaintiff could not establish a concrete injury and granted the defendants’ motion for summary judgment. As background, the plaintiff filed suit after receiving a collection letter from SAS, stating the total due on her debt was $2,017.83 Under New York law, post-judgment interest accrues at 9%.

Judgment 52

Judgment Credit Card Debt Loans Debtor 52

Troutman Sanders

APRIL 14, 2021

The Second Circuit Court of Appeals recently upheld a ruling that reporting a judgment as “satisfied” was accurate under the Fair Credit Reporting Act (FCRA) when the underlying lawsuit was dismissed by stipulation as “settled” without the prior judgment being vacated.

Judgment 52

Judgment Credit Card Debt Garnishment Collections 52

Roths Child Law

MARCH 15, 2023

They may have too much debt to manage Working up a new budget is an important move after losing one's primary stream of income. They can temporarily delay foreclosure and repossession with an automatic stay and prevent creditor lawsuits from leading to a judgment that might result in wage garnishment later.

Bankruptcy 96

Bankruptcy Repossession Foreclosure Unsecured Debt 96

Credit Corp

MAY 19, 2021

Overwhelmed with debt? Whether it’s unpaid credit card debt or medical bills, you might feel like you have nowhere to turn. If you’re seriously considering uprooting your life just to avoid debt, you probably have a few questions. Can Debt Collectors Follow You to Another Country?

Debt collector 105

Debt collector Garnishment Judgment Creditors 105

Sawin & Shea

MAY 5, 2021

It is difficult to know exactly how many because often people will use credit cards to pay off medical or other bills when they are struggling with debt, and so the reason on a survey may be “credit card debt” even though the situation began as medical debt. We are here to help.

Chapter 13 bankruptcy 98

Chapter 13 bankruptcy Bankruptcy Unsecured Debt Student Loans 98

Credit Corp

DECEMBER 14, 2020

Whether you have medical debt, credit card debt or unpaid student loans , getting calls or letters from debt collection companies can be frustrating. But it’s especially frustrating if your debt is several years old. That new judgment would have its own seven-year reporting period.

Debt collector 98

Debt collector Collections Judgment Collections Agency 98

Public Citizen

OCTOBER 29, 2020

Once the pandemic recedes, families struggling to get back on their feet are likely to face a wave of debt collector lawsuits for medical bills, back rent, credit card debt, the balance due on repossessed cars, and even utility bills. Weak exemption laws also exacerbate the racial wealth gap.

Garnishment 75

Garnishment Debt collector Repossession Credit Card Debt 75

Sawin & Shea

AUGUST 24, 2022

Chapter 7 bankruptcy liquidates your assets in order to discharge unsecured debts, such as medical bills and credit card debt. If you’re eligible to file under Chapter 7 and only have unsecured debts, this may be your best course of action. You may be able to defer payments or temporarily suspend them.

Chapter 13 bankruptcy 105

Chapter 13 bankruptcy Foreclosure Chapter 7 bankruptcy Bankruptcy 105

Troutman Sanders

AUGUST 29, 2023

Palisades Acquisition XVI, LLC , the plaintiff incurred a credit card debt, which was later assigned to a new creditor. In 2007, the new creditor commenced an action to recover the debt and obtained a default judgment against the plaintiff. The default judgment was later assigned to Palisades Acquisition.

Acquisition 52

Acquisition Garnishment Judgment Debtor 52

Debt Free Colorado

FEBRUARY 21, 2022

It is prohibited for debt collectors to utilize unfair techniques, harass, or deceive consumers while seeking to collect consumer debts under the federal Fair Debt Collection Practices Act (FDCPA). The Fair Debt Collection Practices Act (FDCPA) applies to collection firms and debt collectors attempting to recover consumer debts.

Debt collector 98

Debt collector Fair Debt Collection Collections Agency Collection Agencies 98

Roths Child Law

JANUARY 31, 2023

If you are seeking to discharge unsecured debts like medical debts, credit card debts and unsecured loans, then you need to file for Chapter 7 bankruptcy. However, if you are dealing with secured debts like a mortgage or a car loan, then you need to file Chapter for 13 bankruptcy.

Bankruptcy 52

Bankruptcy Chapter 13 bankruptcy Chapter 7 bankruptcy Unsecured Debt 52

Credit Corp

JUNE 8, 2023

This is where they come into play—things like making loan and credit card payments on time each month and maintaining a good debt usage or a credit utilization rate—the amount of debt, including credit card debt, you have in relation to your overall credit limit—can help you reach the credit score you’re after.

Lender 98

Lender Loans Creditors Credit Unions 98

Debt Free Colorado

DECEMBER 9, 2021

Without having to repay it later, you may immediately begin rebuilding your credit. . If you have a large amount of credit card debt or high medical costs that you can’t pay, Chapter 7 may allow you to start again. Chapter 7 is a disaster when it comes to secured debt. . medical debt .

Chapter 13 bankruptcy 75

Chapter 13 bankruptcy Chapter 7 bankruptcy Bankruptcy Unsecured Debt 75

Consumer Finance Watch

DECEMBER 12, 2019

In 2009, respondent Klemm & Associates (“Klemm”) sued petitioner Kevin Rotkiske (“Rotkiske”) in state court to enforce a credit card debt, which was allegedly beyond Pennsylvania’s statute of limitations for enforcement (“2009 Action”). Summary of Facts. An unknown individual accepted service on behalf of Rotkiske.

Fair Debt Collection 40

Fair Debt Collection Credit Card Debt Judgment Debt collector 40

FFGN COLLECT NY

MARCH 10, 2023

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 credit card debt and medical bills.

Debt collector 52

Debt collector Collections Judgment Enforcement Judgment 52

Sawin & Shea

JANUARY 18, 2023

The debts that you’ll be able to discharge with Chapter 7 bankruptcy include: Medical debts Credit card debts Majority of auto accident claims Personal loans Business debts Past-due rent debts Past-due utility debts Majority of attorney fees Majority of civil court judgments Old tax penalties and some unpaid taxes Repossession deficiency charges Collection (..)

Chapter 7 bankruptcy 81

Chapter 7 bankruptcy Bankruptcy Chapter 13 bankruptcy Unsecured Debt 81

FFGN COLLECT NY

JANUARY 29, 2023

Increases in food prices, housing costs, utilities, record-level credit card debt, and layoffs, signal the defaulted payments to come. The borrower’s default and high level of debt preclude them from borrowing more money. The longer it takes to obtain a judgment, the less likely you are to collect.

Collections 52

Collections Credit Card Debt Debt collector Creditors 52

Burr Forman

JANUARY 29, 2021

This forms the basis of recent claims under the Fair Credit Reporting Act (“FCRA”) brought by plaintiffs who claim that this standard method of reporting is inaccurate because the Payment Rating code suggests that the account is still past due even though it is closed. How are district courts handling this type of claim?

Judgment 52

Judgment Loans Credit Card Debt Banks 52

Consumer Financial Services Law

OCTOBER 3, 2019

Kevin Rotkiske accumulated credit card debt between 2003 and 2005, which was then referred to Klemm & Associates for collection. Klemm obtained a default judgment for around $1,500.00. Rotkiske did not discover the judgment until 2014 when he applied for a mortgage.

Debt collector 40

Debt collector Credit Card Debt Judgment Debtor 40

Albuquerque Law

MAY 5, 2020

This is partly what causes military families to hold more debt than civilian families , with roughly 27% of military service members holding nearly $10,000 in credit card debt. Meanwhile, only 16% of civilians hold that much debt.

Repossession 40

Repossession Bankruptcy Credit Card Debt Garnishment 40

Credit Corp

AUGUST 31, 2021

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. If your debt is past the statute of limitations at this point, you can re-open the default judgment and ask the judge to vacate it because it is time-barred.

Debt collector 75

Debt collector Collections Collections Agency Collection Agencies 75

Collection Industry News

SEPTEMBER 23, 2020

Default Judgments in Debt Collection 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 debt collection suits ended in default judgments. Whatever the reason, ignoring a debt collection lawsuit can mean big trouble.

Collections 40

Collections Debt collector Chapter 13 bankruptcy Chapter 7 bankruptcy 40

Sawin & Shea

AUGUST 4, 2021

Because a short sale is such a complicated process, you are advised to work with a bankruptcy attorney who understands the complexities of cases like this and who can protect you against a deficiency judgment or other liabilities that may pertain after the sale. What if you file for Chapter 7 bankruptcy? We are here to help.

Bankruptcy 52

Bankruptcy Chapter 7 bankruptcy Foreclosure Lender 52

Collection Industry News

FEBRUARY 21, 2022

In the case, the defendant was retained to collect plaintiff’s credit card debt. Defendant moved for a judgment on the pleadings. In doing so, it rejected defendant’s argument that only a demand for payment could be a communication “in connection with the collection of any debt.” See Khimmat v. LPA , 2022 U.S.

Debt collector 40

Debt collector Credit Card Debt Creditors Judgment 40

Roths Child Law

JULY 26, 2020

In Chapter 7, several different types of debts are eligible for discharge. This includes personal loans, credit card debts, judgments from a lawsuit, medical bills, lease contracts and other types of unsecured debts.

Chapter 7 bankruptcy 40

Chapter 7 bankruptcy Bankruptcy Chapter 13 bankruptcy Unsecured Debt 40