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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 Fair Debt Collection 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 Fair Debt Collection 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 (..)
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 Fair Debt Collection Practices Act in how it attempted to collect on a judgment. A copy of the ruling in the case of Kranz v.
A District Court judge in Missouri has granted a defendant’s motion for summary judgment after a plaintiff filed two separate lawsuits related to two different collection letters that she received five months apart attempting to collect on the same debt. A copy of the ruling in the case of Branum v.
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.
The Consumer Financial Protection Bureau today announced it has settled a lawsuit it filed last month against Encore Capital Group and its subsidiaries, Midland Funding, Midland CreditManagement, and Asset Acceptance Capital Corp. The companies will repay consumers nearly $80,000 and pay a civil fine of $15 million.
Despite making many arguments to the contrary, a District Court judge in New Jersey has granted summary judgment to the defendant in a Fair Debt Collection 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.
On October 15, 2020, the Consumer Financial Protection Bureau filed a proposed stipulated final judgment and order to settle its lawsuit against Encore Capital Group, Inc., and its subsidiaries.
More specifically, 51,8% see the future of creditmanagement tied to AI integration and over half (55,5%) expect the creditmanager’s role to evolve toward providing strategic counsel, underscoring the need for human judgment alongside AI tools.
A Magistrate Court judge in Colorado has granted a defendant’s motion for summary judgment in a Fair Debt Collection 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 Fair Debt Collection Practices Act case, ruling that the plaintiff lacked standing and that the defendant did not violate the FDCPA.
A District Court judge in Alabama has granted a defendant’s motion for judgment on the pleadings in a Fair Debt Collection Practices Act case, ruling that indicating a preference for receiving […]
Some of the changes in the pandemic for creditmanagement and enforcement were temporary and have started to fall away, but others remain, making the enforcement landscape indelibly altered. The first lockdown saw a moratorium on all residential judgment enforcement and landlord action. New normal for creditors. In conclusion.
Goldome Realty Credit Corp., 1st DCA 1992) (providing that where the borrower filed for bankruptcy after a default judgment of foreclosure, the lender was able to sever its claim for enforcement of the personal guaranty and pursue the personal guarantor). See, e.g. , Guirlinger v. 2d 1135, 1136 (Fla. This prevents a double recovery.
More specifically, 51,8% see the future of creditmanagement tied to AI integration and over half (55,5%) expect the creditmanagers role to evolve toward providing strategic counsel, underscoring the need for human judgment alongside AI tools. What are you doing to make smarter decisions?
This makes going to court an even riskier move as we don’t know if the debtor will still be in business 2 years from now when we finally have the judgment. Our larger clients, and those with professional creditmanagement staff, tend to litigate when the ROI looks promising. Risk and Reward in Large and Small Firms.
It’s important to note that this is only binding in the Eleventh Circuit and the consumer is not entitled to a judgment for damages. To learn more about CreditManagement Company and how we can help you understand these recent changes, contact us. The Consumer Financial Protection Bureau And Third-Party Vendors.
To retain existing staff and attract new employees, companies need to look at ways to appeal to the remote working mindset while also managing salary expectations. Creditmanagement firms have been left in a particularly tough position. Optimise your team with the right creditmanagement software.
Trust your judgment in making decisions that are in the best interests of your business. Trust your training, and the skills you have acquired as credit professionals, and take the opportunity to learn more. The post Back yourself to win – by Sue Chapple FCICM appeared first on Chartered Institute of CreditManagement.
If you do secure a judgment at court, you have access to enforcement action to recover the debt. The post Best practice tips for Legal Processes appeared first on Chartered Institute of CreditManagement. If your claim is less than £100,000 you can use the Money Claims Online service, which is relatively straightforward.
Midland CreditManagement, Inc. 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.). A judgment is a judgment.
Midland CreditManagement, Inc. The ruling resulted in summary judgment as to liability for a certified class of plaintiffs due to a collection agency failing to include a warning that payment could revive the statute of limitations on time barred debt. Portfolio Recovery Assocs., LLC , 852 F.3d 3d 679 (7th Cir. LLC , 852 F.3d
It involves paying attention to your thoughts, feelings, and surroundings without judgment. The post How to look after your well-being and mental health at work appeared first on Chartered Institute of CreditManagement. Try a short meditation, taking a few deep breaths or focusing on your senses for a few minutes.
I assist troubled companies that have poor credit policies and are trying to improve their accounts receivable. In 30 years of doing so, I frequently encounter stressed out creditmanagers. The creditmanager is taking heat for the companies’ cash flow troubles. Reign in Accounts Receivable Exceptions.
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 Fair Debt Collection Practices Act (FDCPA) by threatening action that could not legally be taken and amounting to a false representation.
Midland Funding, LLC, Midland CreditManagement, Inc., The stipulated final judgment and order will require the defendants to pay $79,308.81 The CFPB announced last week that it has entered into a settlement of the lawsuit it filed in September 2020 against Encore Capital Group, Inc., and Asset Acceptance Capital Corp.
It is a prudent creditmanager that attempts to obtain personal guarantees from the principals of an incorporated entity to which credit is being extended. In conjunction with the execution of a personal guarantee, the well-informed creditmanager will also attempt to obtain a personal financial statement from the guarantor.
The law requires the agencies to conduct a “reasonable reinvestigation” when borrowers complain of inaccuracies in their credit report. Brennan, joined by Circuit Court Judges Diane Wood and Amy St.
6] The Defendants filed a Joint Motion for Summary Judgment, arguing that the debtor has not met her burden under the undue hardship standard. [7] 7] The debtor disagreed and filed a cross motion for Summary Judgment. [8]. United States Dep’t of Educ. , 523(a)(8)). [2] at 5–6. . [3] citing 11 U.S.C. 523(a)(8)). [7] at 4; Brunner v.
A statement that if the consumer notifies the debt collector in writing within the 30-day period that the debt, or a portion of the debt, is disputed, the debt collector will obtain proof of the debt of a copy of the judgment against the consumer.
If a written dispute is sent by the consumer, the collector must cease further collection efforts until it provides the consumer with verification of the debt, a copy of a judgment, or, if it has been requested, the name and address of the original creditor. Midland CreditManagement, Inc., 1692g(a)(4). at § 1692g(a)(4), (5).
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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