Jimerson Firm

DECEMBER 10, 2021

Many secured creditors and equipment leasing companies have encountered defaulted debts, where the debtors and lessees retain possession of the collateral, including cars, boats, machinery, or other equipment. What Options do Florida Creditors Have for the Recovery of Personal Property? Self-Help Repossession.

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UK debt collections

APRIL 11, 2025

The report issued by the CJC advises “The inability to enforce effectively through the County Court has destroyed confidence amongst creditors, The Civil Justice Centre was set up to advise the Lord Chancellor on Civil Justice. people, 28% of UK adults are said to be not coping financially according to Financial Conduct Authority data.

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Collect More

JANUARY 19, 2025

When was the last time you cut off a debtor who owed you money? And what breaks our heart is that forgiving, trusting creditors almost always fall for it. If there are multiple outstanding invoices on your customer’s Statement then unfortunately my friend, you have a problem. One of the oldest tricks in the book. It takes guts.

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Account Recovery

MARCH 10, 2025

ROBBIN LAW: After the New York Attorney General Letitia James (NYAG) recent crack downs on debt collectors violations of New Yorks Exempt Income Protection Act (EIPA), the NYAG has provided debtors with a guide on their rights under the EIPA. Just as recent as January 2025, the NYAG secured over $1million from Ouro Global, Inc.,

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FFGN COLLECT NY

APRIL 16, 2025

Regardless of the type, the marshal serves as an agent to collect the creditors judgment. For an income execution, the upfront fee depends on whether you want the marshal to serve the first and second stages, and the judgment debtors employment status. It is the debtors responsibility to pay these fees to the marshal.

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Judgment Debtor Creditors Collections 52

Hudson Weir

DECEMBER 10, 2024

Again, one legal mechanism a creditor can consider when in such a situation is a charging order. Debt recovery options for unpaid invoices Ultimately, there are several steps that any creditor should take before considering a charging order, which is a court-issued and therefore, very serious. What is a charging order?

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Collections Law

DECEMBER 2, 2024

Unpaid debts present numerous challenges for creditors. One such challenge is when a debtor claims not to have the funds to pay their unpaid debts. If you are dealing with a suspicious debtor, our ethical commercial collections attorneys are relentless about pursuing unpaid debts. Is a debtor really out of cash?

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Collections Law

NOVEMBER 13, 2024

You’ve gone through the trouble of obtaining a judgment against a debtor, yet here you are, now facing the frustration of having to find money to collect. The debtor seems to have vanished, taking their assets with them. If the debtor fails to appear, the court may issue a capias warrant, leading to their arrest.

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Jimerson Firm

MAY 30, 2024

The Bankruptcy Code provides debtors with a fresh start or an opportunity to reorganize their debts. In doing so, the Code requires all debtors to provide, under oath, a full disclosure of their assets and liabilities. Such property includes causes of action belonging to the debtor at the commencement of the bankruptcy case.

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Nexa Collect

APRIL 27, 2021

Simple Answer: Once the bad debt entry hits the credit report, the fear in the debtor’s mind is gone. You just used the most effective tool in debt recovery before giving enough time to the debtor to settle your unpaid bills. The debtor thinks “ What worse can happen? The fear in the debtor’s mind is gone.

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Nexa Collect

SEPTEMBER 23, 2021

Several collection agencies have been using electronic mediums like emails, social media platforms, and SMS to contact debtors. To a standard person, it may appear that contacting a debtor either way (traditional or electronic) is the same, a contact made is a contact made regardless of the medium. In fact, many prefer it that way.

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Nexa Collect

JULY 28, 2020

Skip tracing techniques allow agents to track down debtors that have “skipped” out on their debts and are no longer reachable. Debtors Are More Likely to Pay A Collection Agency. When a debt passes from the original creditor to a collection agency, this escalation often makes debtors pay attention.

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Nexa Collect

AUGUST 8, 2020

Skip tracing techniques allow agents to track down debtors that have “skipped” out on their debts and are no longer reachable. Debtors Are More Likely to Pay A Collection Agency. When a debt passes from the original creditor to a collection agency, this escalation often makes debtors pay attention.

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PBWT

FEBRUARY 5, 2023

This post is about a junkyard, hogs getting slaughtered, and a bankruptcy judge poised to sanction a creditor and her counsel. More specifically, in this case, a junkyard is the location of the debtor’s property, which consists of “construction debris, scrap piles, tire mounds, collapsed trailers, and inoperable vehicles.”

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FFGN COLLECT NY

MARCH 18, 2025

Looking to execute on a judgment but need more information about the judgment debtors assets to collect? If so, you might consider a debtors exam. A debtors exam provides an opportunity for the creditor to question the judgment debtor and discover information related to the defendants assets.

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FFGN COLLECT NY

MARCH 6, 2025

A frequently asked question about New York debt collection is whether a creditor can recover the cost of collections, including attorney’s fees. The clause that provides for recovery must make it clear that the creditor is entitled to recover the cost of collection in the event of non-payment.

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Sawin & Shea

AUGUST 17, 2022

In a Chapter 13 bankruptcy , the debtor agrees to a payment plan instead of having their property taken to pay creditors. In contrast, in a Chapter 7 bankruptcy , the bankruptcy trustee will often use property to help pay off creditors before the remaining debt gets discharged. Transferring or disposing assets before bankruptcy.

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Jimerson Firm

NOVEMBER 27, 2023

Any secured creditor, large or small, may encounter a situation in which it is preferable to retain or recover the collateral in a transaction without having to sell the collateral itself. The purpose of this article is to make creditors aware of what is and is not possible to do under Florida law. 679.609(1).

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Jimerson Firm

APRIL 9, 2024

When a court enters a civil money judgment, it creates a judgment debtor and a judgment creditor. If the judgment debtor fails or refuses to pay the amount of the judgment, the judgment creditor may elect to use statutory collection methods to partially or fully satisfy the judgment.

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Nexa Collect

MARCH 12, 2021

No collection agency is allowed to add collection fees onto the debtor’s outstanding balance even when the agency incurred those charges while doing business related to that debtor (10 P.R. 981p (12)). All that being said, in Puerto Rico interest is allowed on money judgments, at a rate of 6%. of the inhabitants unemployed.

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PBWT

AUGUST 29, 2022

A bankruptcy court ruled that a creditor didn’t need to seek derivative standing to sue a liquidating trustee. The creditor, himself a trustee of the debtor’s employee stock-option plan, had standing to sue without prior court permission because his suit wasn’t brought on behalf of the bankruptcy estate.

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Jimerson Firm

DECEMBER 29, 2023

When a debtor files for bankruptcy, a creditor may be able to seek dismissal of the bankruptcy if the petition was filed in bad faith. This article will provide an overview of the options available to a creditor if a debtor with primarily consumer debts files for Chapter 7 bankruptcy. 11 U.S.C. §

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FFGN COLLECT NY

NOVEMBER 12, 2021

But aside from the difference in cost advance, is the increase of the monetary limit in the civil courts good for creditors bringing debt collection claims in the New York state courts? Take for example New York Civil (Manhattan), where creditors who waited nine months for judgments pre-pandemic now find themselves with an 18-24 month wait.

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Roths Child Law

AUGUST 23, 2024

These creditors often use multiple ways to contact the debtor to demand payment. The automatic stay is a court order that prohibits creditors from trying to collect debts from someone who files for bankruptcy. When a person files for bankruptcy, the full balances they owe to creditors won’t be paid.

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Jimerson Firm

DECEMBER 27, 2023

When a debtor files for bankruptcy, a creditor may be able to seek dismissal of the bankruptcy if the petition was filed in bad faith. This article will provide an overview of the options available to a creditor if a debtor with primarily business debts files for Chapter 7 bankruptcy.

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PBWT

MAY 22, 2022

Since companies facing bankruptcy usually try to keep an anticipated filing quiet in order to prevent creditors from taking adverse actions, customers may unexpectedly lose control over their crypto assets. Furthermore, a debtor may use or sell its property either in the ordinary course of business or with court authorization.

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Nexa Collect

FEBRUARY 14, 2022

Say you are a collection agency, and your client (the original creditor) contacts you to tell that they have received a complaint from the debtor telling that your debt collector was very rude over the phone or felt threatened. Such complaints from debtors can get your client to worry about their reputation.

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Sawin & Shea

JANUARY 11, 2024

Medical bills, credit cards, payday loans, and struggling businesses – it can seem like the letters and calls from creditors will never stop. Since 2005, a debtor education course from an approved provider is mandatory for anyone who files for bankruptcy. Bankruptcy filings for both individuals and businesses are on the rise.

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Collections Law

JULY 25, 2023

We seek to freeze a debtor’s assets prior to obtaining a judgment so that there is an identifiable resource from which to get you paid. Once you get that judgment, we seek leave of the court to direct the person or entity which is holding the debtor’s seized assets to pay you. What if our debtor doesn’t own a cash business?

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Sawin & Shea

JANUARY 19, 2022

When you put the two together, it can cause debtors even more stress. A provision of bankruptcy is that debtors may not acquire any new delinquent balances while under the court’s supervision. Another thing to consider is that you could receive a 1099-C Cancelation of Debt from a creditor after receiving a discharge.

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Jimerson Firm

NOVEMBER 23, 2020

Self-Help Repossession: In Florida, a secured creditor may use self-help repossession to take possession of collateral, provided its efforts do not breach the peace. Florida case law provides that a breach of the peace occurs if the secured creditor enters the debtor’s land to repossess the collateral, without the debtor’s consent.

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FFGN COLLECT NY

DECEMBER 12, 2023

It is challenging to balance these factors for creditors who collect payments from debtors. As such, many creditors hire debt collection attorneys to ensure they comply with existing ethical and legal standards. However, adding a third party, such as an attorney, allows debtors to communicate and negotiate openly.

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Burr Forman

AUGUST 19, 2021

Erich Durlacher – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. Michael Hall – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Bet-the-Company Litigation, Litigation – Bankruptcy. India Vincent – Birmingham, Trademark Law. 2022 Best Lawyers in America.

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Nexa Collect

JANUARY 14, 2023

Extra costs to comply with these laws would be passed on to businesses /creditors, who are already unwilling to pay the current costs associated with hiring a professional debt collector. As of Nov 2021, The new debt validation notice format recommended by CFPB makes it easier for debtors to dispute the authenticity of debt.

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Troutman Sanders

JANUARY 29, 2024

As background, in 2002, the debtor and her then-spouse jointly filed a “no asset” Chapter 7 bankruptcy petition. She listed 45 unsecured creditors in her schedules of assets and liabilities, including the $7,400 credit card debt at issue. The court found this argument contrary to the plain text of the Bankruptcy Code.

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FFGN COLLECT NY

OCTOBER 20, 2021

When considering what funds are exempt from judgment enforcement and the reach of judgment creditors, New York and the federal government draw a line between enforcing judgments against consumers and enforcing judgments against commercial entities. Any objections to the debtor’s exemption must be made within 7 days.

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Sawin & Shea

JUNE 29, 2022

If, like many, you are struggling with debt and are behind on payments, you may be stressed out by all of the calls you are receiving from your creditors. Creditor harassment is unlawful, and there are many other things that debt collectors don’t want debtors to know to make it easier for them to get away with things they aren’t supposed to.

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