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Class Action Accuses Collector of Using Inaccurate Creditor Name; State Court Judge Dismisses Suit for Lack of Standing first appeared on AccountsRecovery.net. Class Action Accuses Collector of Using Inaccurate Creditor Name; State Court Judge Dismisses Suit for Lack of Standing appeared first on AccountsRecovery.net.
A District Court judge in Minnesota has awarded 25% of the attorney’s fees sought by the plaintiff in a FairDebtCollection Practices Act case, ruling the plaintiff’s request unreasonable for a number of reasons. The background: The case stemmed from attempts to collect on a 2007 mortgage loan.
A District Court judge in Maryland has granted a motion to dismiss claims that a creditor and a collectionlawfirm violated the FairDebtCollection Practices Act and state consumer protection laws, ruling that the plaintiffs allegations failed to plausibly demonstrate any unlawful conduct.
An interesting FairDebtCollection Practices Act case out of Minnesota involving a creditor who mis-spelled a customer’s first and last name incorrectly when placing the account with a lawfirm for collection, a customer who changed her name before filing for bankruptcy protection, and a lawfirm that may or may not do enough … The post (..)
We’ve all seen cases where a consumer files a lawsuit against a company in the credit and collection industry and the company then seeks to invoke the arbitration clause that was included in the original agreement between the consumer and the creditor. The lawfirm filed a collection lawsuit in state court.
A District Court judge in California has denied a defendant’s motion to compel arbitration in a FairDebtCollection Practices Act case, ruling that the collectionlawfirm’s actions were independent of the original creditor, and thus not subject to the original agreement’s arbitration clause.
JUDGE GRANTS MSJ FOR DEFENDANT IN FDCPA CASE OVER MIS-IDENTIFIED CONSUMER An interesting FairDebtCollection Practices Act case out of Minnesota involving a creditor who mis-spelled a customer’s first and last name incorrectly when placing the account with a lawfirm for collection, a customer who changed her name before filing for bankruptcy protection, (..)
Merchant of the District Court for the Eastern District of New York issued the ruling, determining that the plaintiff failed to establish sufficient connections between the lawfirm and the state of New York to justify her authority over the defendant. Translation: to CYA, you need better original creditor contracts.]
Pro se complaints should always be evaluated for early motion practice. Defendants are therefore well-advised to carefully analyze complaints for pleading deficiencies.
A Magistrate Judge in Ohio has gone to great lengths to recommend that a FairDebtCollection Practices Act lawsuit filed against a creditor and the lawfirm it used to collect on an unpaid debt be dismissed on the grounds that the plaintiff’s complaint fails to state a claim against any of the defendants […]
That said, let me walk you through all the elements of this particular email that tip it off as a scam: From: Sherrill Green <SherrillGreen@outlook.com> Wait, the prestigious “Webster LawFirm” doesn’t have it’s own domain and you’re using a generic outlook.com account? Attorney at Law?
As the court observed, the percentage of the lawfirm’s business devoted to collections had little bearing on whether it “regularly” collecteddebts on behalf of another and the lack of record evidence bearing on that point was no grounds for granting the lawfirm summary judgment. More details here.
Debt collectors are notorious for harassing consumers when they seek repayment, calling excessively and threatening to take actions that may not be legal. What you may not know is that you are protected by the FairDebtCollection Practices Act (FDCPA), a law designed to keep third-party debt collectors in check when they contact you.
When a debtor owes a creditor money and the creditor is seeking assistance collecting the amount owed, the creditor can either use a collectionlawfirm or a collection agency. Lawfirms and collection agencies serve the same purpose initially.
How Does the Law Protect Your Rights Regarding Credit Collections and Reporting? Numerous federal and state laws protect your rights to fair and accurate credit reporting. Some of those laws also cover your rights as a consumer to fairdebtcollection practices.
Partnering with a lawfirm that has a reputation for ethical debtcollection can help to ensure that collection efforts are both effective and compliant with the law. What is ethical debtcollection? A company has a right to pursue a debt that is owed to them.
If you have a lot of inaccurate collection accounts on your report, you might need help from a credit repair firm like Lexington LawFirm. But if you’re committed to a DIY approach to addressing collection items, the following steps may help you clear up your credit profile. How Does Debt End Up in Collections?
The Seventh Circuit Court of Appeals recently affirmed a district court’s dismissal of a suit holding that the plaintiff had not suffered a concrete injury, and therefore, lacked standing to assert a claim under the FairDebtCollections Practices Act (FDCPA). Kohn LawFirm, S.C. In Choice v.
District Court for the Southern District of California, granting summary judgment in favor of a debt collector in a FairDebtCollections Practices Act (FDCPA) case. In doing so, it held that a collection letter, which indicated that the debtor could only dispute the underlying debt in writing, violated the FDCPA.
The creditor referred the account to a lawfirm, which served the consumer with a collection suit and obtained a default judgment for the balance. The lawfirm sent four post-judgment collection letters, demanding the $4,225.74 In a fifth letter, it demanded a balance of $3,996.74.
On January 11, the Consumer Financial Protection Bureau (CFPB) announced it reached a settlement with lawfirm Forster & Garbus, LLP in its lawsuit over alleged illegal debtcollection practices. In doing so, the CFPB alleged (similar to its previous actions involving the lawfirms Frederick J.
Reversing a district court’s dismissal for failure to state a claim under the FairDebtCollection Practices Act (“FDCPA”), the Second Circuit (“the Court”) ruled in Mizrachi v.
Portfolio Recovery buys multiple accounts with old debt from companies that have given up and “charged off” the accounts. In other words, when the original creditor has been unsuccessful in collecting on a debt, it will write off the debt as a loss. You get to dictate how and when a debt collector contacts you.
Other complaints are linked to the lack of or failure to comply with licensing, the theft of monies collected for the benefit of creditors by the collection vendor, and more. New York DebtCollectionLaws. As of today, New York does not require licensing for collection agencies or collectionlawfirms.
Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal FairDebtCollection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed.
McCullough Payne & Haan, LLC, the defendant lawfirm obtained a judgment against the plaintiff in the Fulton County, Georgia, the judicial district in which the consumer lived. Post judgment, the lawfirm filed a garnishment proceeding against the consumer’s bank seeking to collect on the judgment. 1692i(a)(2).
Also, others cited that Credence did not remove the collection from their credit reports after the creditor negotiated an agreement with them. The FairDebtCollection Practices Act provides several protections from collection agencies, so it is important to know your rights. Send a Debt Validation Letter.
Although this scenario may sound far-fetched, it is an everyday occurrence for creditors’ rights attorneys, who have been targeted by “meaningful attorney involvement” lawsuits for years. The CFPB is expected to announce proposed debtcollection rules in the near future that may incorporate the theory. Law Offices Of Mitchell N.
When, if ever, should collectionlawfirms include disclaimers on their collection letters, indicating that no attorney of the firm has reviewed the particular circumstances of the debtor’s file? What steps must an attorney take to be “meaningfully involved” when filing a collection lawsuit? 1692, et seq.
Rodenburg LawFirm is available at: Link to Opinion. In Minnesota, a creditor may issue a garnishment summons to any third party “at any time after entry of a money judgment in [a] civil action.” Creditor appealed. A copy of the opinion in Ojogwu v. Meyer Njus Tanick, PA , 946 F.3d 3d 855, 864 (6th Cir. In Heintz v.
If you are a collection professional working for a creditor, debt buyer, collection agency or collectionlawfirm, and you have not yet added the website for the Consumer Financial Protection Bureau (CFPB) to the favorites on your web browser, it is high time that you do so.
Debt buyers are being sued based on the conduct of their agencies and lawfirms. Even original creditors, who are not subject to the FDCPA, are being drawn into FDCPA litigation under various theories of recovery. For this reason, original creditors are not subject to the FDCPA (except in very limited circumstances).
A District Court judge in New York has granted a motion to dismiss filed by a collectionlawfirm that was sued for violating the FairDebtCollection Practices Act after filing a collection lawsuit in the wrong jurisdiction, ruling that the court lacked personal jurisdiction over the defendant.
WHAT THIS MEANS, FROM CHUCK DODGE OF HUDSON COOK: This decision is a mixed one for the defendant, a lawfirm. The opinion recites facts indicating that the lawfirm had at least four addresses in its system of record for the plaintiff, and tried to serve the collection lawsuit at three of them – all but her actual address.
However, the Court decided that genuine issues of material fact existed sufficient for a jury to determine whether the agencys conduct in investigating the suit constituted abusive debtcollection practices.
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