Collections Law

FEBRUARY 9, 2024

A company has a right to pursue a debt that is owed to them. State and federal consumer and commercial laws afford methods for creditors to collect the debts that are owed to them. Our lawyers are well-versed in the Fair Debt Collection Practices Act (FDCPA).

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Credit Corp

JANUARY 21, 2021

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 fair debt collection practices. How Do You Sue a Collection Agency or Other Creditor?

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Account Recovery

SEPTEMBER 30, 2024

Judge Rules Debt Collection Lawsuit Waives Arbitration Clause A District Court judge in Maryland has denied a defendant’s motion to compel arbitration in a Fair Debt Collection Practices Act case, ruling that the defendant waived its right to arbitrate by engaging in prior litigation. More details here.

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Collection Industry News

SEPTEMBER 2, 2024

The Fair Debt Collection Practices Act (FDCPA) serves as a foundational piece of legislation protecting consumers from abusive debt collection practices. For businesses looking to streamline their debt collection process, adhering to FDCPA guidelines is essential for long-term success.

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Debt Free Colorado

JUNE 18, 2024

Know How to Stop Creditor Harassment & Wage Garnishment Debt can be a heavy burden. Quick Summary: Chapter 7 bankruptcy allows individuals to discharge most unsecured debts. Creditor harassment is any aggressive or threatening communication from a debt collector. What is Creditor Harassment?

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Sawin & Shea

MARCH 16, 2021

On top of phone calls, emails, and text messages, the Consumer Financial Protection Bureau (CFPB) will allow debt collectors to message you through Facebook, Instagram, Twitter, and almost any other social media channel. The new rule also loosens the restrictions on how often creditors can contact you.

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Troutman Sanders

SEPTEMBER 7, 2023

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 Fair Debt Collections Practices Act (FDCPA). The bank sold the debt to the defendant creditor.

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Sawin & Shea

FEBRUARY 9, 2021

It comes from debt collectors and purchasers who try to twist the rules in their favor convince you to pay. The FDCPA Doesn’t Always Stop Zombie Debt. Fair Debt Collection Practices Act (FDCPA) protects people from creditor harassment and is quite specific about what creditors can and cannot do to recover debts.

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Sawin & Shea

AUGUST 24, 2020

Chapter 7 Bankruptcy: A petition is filed in the Bankruptcy Court seeking a discharge of most types of debts. In exchange of this discharge non-exempt assets are liquidated by a Chapter 7 trustee in order to pay creditors back something. How Does Debt Negotiation Work? Debt collection agencies can be thoroughly unpleasant.

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Sawin & Shea

FEBRUARY 16, 2021

The first reason your attorney needs these letters is to review them and ensure your creditors are following the law. Federal law limits debt collection efforts and makes it clear that creditors are breaking the law under certain circumstances. Creditors are governed by the Fair Debt Collection Practices Act.

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The Kaplan Group

AUGUST 29, 2021

Overly repetitive phone calls, threats, and other tactics can be considered creditor harassment. What is so unfortunate about creditors abusing their power is they can actually cause so much stress that someone’s health suffers. After all, being reminded that you still have outstanding debts can be overwhelming in itself.

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Debt Collection Answers

MARCH 18, 2016

Under the federal Fair Debt Collection Practice Act, a debt collector generally is a person or a company that regularly collects debts owed to others, usually when those debts are past-due. Debt collectors include collection agencies or lawyers who collect debts as part of their business.

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FDCPA Defense

APRIL 17, 2019

Few things are more fundamental in the law than the principle that a lawyer owes a duty of loyalty to the client, a duty to be vigorous advocate within the bounds of the law, and a duty to maintain the client’s confidences and preserve the attorney-client privilege. Welcome to everyday life as a creditors’ rights attorney.

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BN Lawyers

APRIL 30, 2019

Debtors who have filed for bankruptcy and received their Discharge often continue to receive collection letters and phone calls from their creditors. Some creditors even go so far as to sue on these discharged debts or garnish wages and bank accounts. What Actions from Creditors Are Prohibited?

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Debt Free Colorado

APRIL 1, 2021

Also, it’s a violation of the Fair Debt Collection Practices Act (FDCPA) for a third party debt collector to disclose information about your debts to others. CREDITOR : SPEEDY CASH SERVICES. We will be forced to proceed legally against you and once it is processed the creditor has entire rights ?

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FFGN COLLECT NY

DECEMBER 11, 2023

An experienced legal professional knows that any misstep during debt collection can lead to serious legal repercussions. To collect debt for a client, New York attorneys must understand and implement ethical practices during debt collection.

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Credit Corp

AUGUST 31, 2021

Understanding what the rules in your state are and how they might apply to your specific debt situation is important. Contact a lawyer for your unique situation if you have questions. How Long Can a Debt Collector Pursue an Old Debt? Time-barred debt refers to debt that’s beyond the statute of limitations.

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Troutman Sanders

JUNE 7, 2021

a New York district court granted a defendant’s motion to dismiss in a Fair Debt Collection Practices Act (FDCPA) case. ” In that case, the plaintiff incurred a debt to New York State Electric & Gas Corporation (NYSEG) for electric and gas services, and the defendant was contracted to collect on the debt.

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Collection Industry News

APRIL 25, 2023

A debt doesn’t generally expire or disappear until its paid, but in many states, there may be a time limit on how long creditors or debt collectors can use legal action to collect a debt. Some debts, though, such as federal student loans don’t have a statute of limitations.

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Troutman Sanders

JANUARY 20, 2022

Various plaintiffs’ lawyers have argued that furnishers and consumer reporting agencies (CRAs) are incorrectly reporting their financial accounts with a “Past Due Pay Status,” which they claim hurts their credit. The Eastern District of Pennsylvania has seen more than 50 such cases filed since 2020.

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Taurus Collect

FEBRUARY 1, 2024

They are responsible for pursuing the repayment of debts on behalf of creditors. Understanding the raison d’être of debt collectors can demystify their actions and help you approach situations with them in a more empowered way. Creditors may prefer this method as it minimises upfront costs and financial risks.

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National Service Bureau

JUNE 18, 2015

The Fair Debt Collection Practices Act was passed in 1977 to outline the ways in which consumers can be contacted by collection agencies. First, who is a debt collector? The restrictions in the FDCPA don’t apply to these persons in the same way as a typical collection agency.

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Better Credit Blog

JULY 14, 2020

Consumers claim that they are guilty of certain Fair Debt Collection Practices Act (FDCPA) infractions, including attempting to collect inaccurate debts and failing to respond to debt validation requests. You don’t need to be a lawyer to become aware of your rights as a consumer. Know Your Rights.

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Collection Industry News

JANUARY 24, 2022

Various plaintiffs’ lawyers have argued that furnishers and consumer reporting agencies (CRAs) are incorrectly reporting their financial accounts with a “Past Due Pay Status,” which they claim hurts their credit. The Eastern District of Pennsylvania has seen more than 50 such cases filed since 2020.

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Collection Industry News

SEPTEMBER 23, 2020

Fighting Back When Debt Collectors Sue. The Pew researchers found that while most businesses filing debt collection claims were represented by attorneys, only about 10% of consumers being sued had lawyers. Some think the creditor’s lawyer will steamroll over them and they do not have any real way to fight back.

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Collection Industry News

JULY 20, 2020

There have been several court decisions to come down the pipeline regarding legal-related language and disclosures in collection letters. granted summary judgment for a debt collector whose letter stated “If the Account goes to an attorney, our flexible options may no longer be available.” Even the Northern District of Illinois (N.D.

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FDCPA Defense

JANUARY 28, 2012

Debt buyers are being sued based on the conduct of their agencies and law firms. Lawyers and agency owners are being sued based on the conduct of their clients and their collectors. Even original creditors, who are not subject to the FDCPA, are being drawn into FDCPA litigation under various theories of recovery. See Pettit v.

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FDCPA Defense

MAY 11, 2017

When, if ever, should collection law firms 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. Dickerson , 307 F.3d

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Better Credit Blog

APRIL 5, 2022

considering you are getting your own lawyer to fight on your behalf. Dispute the Collection – If You Found An Error. If the goodwill letter falls flat and the debt collection remains on your credit report, it’s time for a more advanced method. Ask the Collection Agency to Validate the Debt.

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Account Recovery

OCTOBER 18, 2024

I will say at the outset that this is one of those “I’m not a lawyer cases” so maybe this is an interesting claim or maybe it’s not, but it’s one I haven’t seen before so I am throwing it out there. She has filed a class-action complaint against the defendant.

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