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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

Another revision makes it mandatory for hospitals seeking to garnish a patient’s wages or bank accounts to include with the summons and complaint initiating such action an “affidavit of expert review” making various certifications.

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Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter

Troutman Sanders

State Activities: On October 30, Virginia Governor Ralph Northam signed House Bill 568, which automatically exempts emergency relief payments, as defined in the bill, from the creditor process, including garnishments and liens. To read the full statement, click here.

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Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter

Troutman Sanders

Senators Sherrod Brown, Ron Wyden, Bob Menendez, and Chris Van Hollen introduced a bill that would extend existing rules restricting garnishment of federal benefit payments issued under the American Rescue Plan. .” For more information, click here. On March 17, U.S. For more information, click here.

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Law Firm's Garnishment Activities Do Not Violate FDCPA

Consumer Financial Services Law

The case arose from the law firm’s post judgment efforts to garnish wages. After serving a garnishment summons, the consumer claimed the funds as exempt. The defendants then made four additional attempts to garnish funds. Unifund CCR, LLC, 2016 U.S. LEXIS 168707 (Dec. The defendants moved to dismiss.

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

Proposition 209 has been touted as a way to protect Arizonans with medical debt from bankruptcy, has set new exemption limits on property subject to debt collection, and has decreased the portion of a judgment debtor’s income subject to garnishment. The plaintiffs, led by the Arizona Creditors Bar Association, Inc.,

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Eleventh Circuit Holds Garnishment Proceeding Not Subject to FDCPA Venue Clause

Consumer Financial Services Law

The Eleventh Circuit recently joined the First and Eighth Circuits in concluding that the FDCPA’s venue provision does not apply to post-judgment garnishment proceedings. Post judgment, the law firm filed a garnishment proceeding against the consumer’s bank seeking to collect on the judgment. 1692i(a)(2). Ray, CITE. “[A]s

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New Yorkers Should Receive the Same Digital Communications Benefits All Non-New Yorkers Receive: Part Two

True Accord

Consumers Prefer Digital Debt Collection By and large, consumers prefer to communicate with their collection agencies digitally—they already predominantly communicate with their banks, creditors, and lenders digitally, so digital collection is a smooth transition when an account moves to collection.