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The Court of Appeals for the Eighth Circuit has upheld a ruling in favor of a defendant that was sued for violating the FairDebtCollection Practices Act, deciding that a default judgment obtained in state court is “conclusive” from the perspective of establishing the facts of a case.
A District Court judge in Pennsylvania has certified a class action in a FairDebtCollection Practices Act lawsuit that accused a defendant of violating the statute by mentioning in a letter that a judgment may be awarded before the expiration of a settlement offer that was being made, even though a collection lawsuit had … The post Judge Certifies (..)
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 Texas has partially granted a defendant’s motion for judgment on the pleadings after it was sued for violating the FairDebtCollection Practices Act in how it attempted to collect on a judgment. A copy of the ruling in the case of Kranz v.
Despite making many arguments to the contrary, a District Court judge in New Jersey has granted summary judgment to the defendant in a FairDebtCollection Practices Act case, ruling the plaintiffs now lack standing to sue in federal court, even though a class had previously been certified in the case.
A Magistrate Court judge in Colorado has granted a defendant’s motion for summary judgment in a FairDebtCollection Practices Act case on the grounds that it was entitled to the “bona fide error” defense after it was accused of misrepresenting the debt that the plaintiff owed.
A District Court judge in Missouri has granted a defendant’s motion for summary judgment in a FairDebtCollection Practices Act case, ruling that the plaintiff lacked standing and that the defendant did not violate the FDCPA.
Everyone in the debtcollection industry is familiar with the FairDebtCollections Practices Act (FDCPA). Reputable collections agencies willingly follow these rules and treat patients with compassion and respect. Contact Us For Your DebtCollection Needs. Now the FDCPA is in the news again.
Court of Appeals for the Seventh Circuit recently vacated judgment in favor of a debt collector against putative class action claims raised by a consumer that its collection letter violated the federal FairDebtCollection Practices Act (FDCPA) by threatening action that could not legally be taken and amounting to a false representation.
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 FairDebtCollection Practices Act.
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 FairDebtCollection Practices Act case, ruling that the defendant was not properly served and had demonstrated a meritorious defense.
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