Credit Corp

MAY 30, 2023

A judgment is an order issued by a judge or jury to settle a lawsuit. In this case, the judge may order you to pay the other party as part of the court’s final judgment. The order can be issued in one of two forms: A monetary judgment: A judgment that orders one party to pay the other party a specific amount of money.

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Nexa Collect

MARCH 12, 2021

Skip tracing, employment and asset tracking, locating real and personal property, investigating liens, judgments, and corporate filings with the local Secretary of State, are but a few of the methods used to recover your receivables. All that being said, in Puerto Rico interest is allowed on money judgments, at a rate of 6%.

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Credit Corp

JUNE 3, 2021

To start, here are our top tips for keeping debt collectors from your bank account: Open accounts that can’t be garnished Don’t let debts get to the garnishment stage Show up in court and respond to lawsuits Keep your bank account as confidential as possible. How to Open a Bank Account That No Creditor Can Touch.

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Jimerson Firm

JANUARY 28, 2021

When a lender obtains a final judgment of foreclosure from the court, the mortgaged property is sold at public auction and, if bought by someone other than the foreclosing lender, the proceeds are applied to the debt owed by the delinquent borrower. Procedure For Getting a Deficiency Judgment. Amount of Deficiency Judgment.

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Account Recovery

DECEMBER 30, 2024

Gretchen Whitmer, introduces substantial changes to how creditors can collect debts and what assets debtors can protect. However, the legislation has faced criticism from collections attorneys who argue it could impair the ability of civil judgment holders, including some crime victims, to collect compensation.

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FFGN COLLECT NY

JULY 7, 2022

On December 31, 2021, Governor Hochul signed the Fair Consumer Judgment Interest Act into law. This amended the post-judgment interest rate on all judgments against consumers from 9% to 2%, effective April 30, 2022. An income execution (also known as a garnishment) is another manner of collecting a money judgment.

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Jimerson Firm

JANUARY 26, 2023

When a judgment creditor in Florida attempts to collect on a judgment involving an individual, one mechanism for doing so is through a garnishment action of the judgment debtor’s bank account. Florida has a statutory garnishment process that judgment creditors must follow.

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Troutman Sanders

JANUARY 29, 2024

She listed 45 unsecured creditors in her schedules of assets and liabilities, including the $7,400 credit card debt at issue. However, testimony later showed that the entity listed as holding the debt, Direct Merchants Bank, was not the actual creditor but rather a registered trademark owned by Metris Companies.

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Jimerson Firm

NOVEMBER 8, 2023

Judgment creditors are often faced with the question of how to collect an out-of-state judgment (also commonly referred to as a foreign judgment) in Florida. Once the foreign judgment is domesticated, the judgment creditor may pursue post-judgment collections efforts in Florida. 55.501, Fla.

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Collections Law

JULY 25, 2024

With a thorough understanding of the idiosyncrasies of Massachusetts collections laws, they can lend their extensive knowledge to your company’s outstanding debts with post-judgment collection strategies, like bank attachments. A bank attachment is a powerful post-judgment collection tool. What is a bank attachment?

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Nexa Collect

JUNE 21, 2023

Legal Action : The creditor or collection agency may file a lawsuit against you to recover the debt. If you ignore this or fail to defend yourself in court, a default judgment may be issued against you. This can lead to wage garnishment, bank levies, or liens against your property.

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Sawin & Shea

NOVEMBER 23, 2022

Both being sued by a creditor and bankruptcy can feel like scary situations, but rest assured, filing for bankruptcy can help. Can a Creditor File a Lawsuit Against Me? Creditors can, and most likely will, take you to court if you owe a debt such as a credit card or medical bills and cannot pay. Debt due to a breach of contract.

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Direct Recovery

APRIL 16, 2023

Wage garnishments are the ultimate threat posed by every debt collection scenario, but finding yourself on the wrong end of one doesn’t have to be a financial death sentence. Legal notices soon follow, along with a court judgment taking a big chunk of your paycheck. This can be done legally by obtaining a court order.

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Sawin & Shea

NOVEMBER 15, 2022

Firstly, if your employer is also one of your creditors, they will receive a notification when you file. When filing for Chapter 7 or Chapter 13 bankruptcy, you are required to disclose all of your creditors, and your creditors will receive the official Notice of Bankruptcy Filing from the bankruptcy court clerk.

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Better Credit Blog

MAY 12, 2022

In my recent experience, it’s not hard to remove judgments from your credit report as long as you follow the proper steps. Many readers assume it’s impossible to have the credit bureaus remove civil judgments because they involve the court system. It’s still possible you could see a judgment pulling down your credit score.

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Credit Corp

JUNE 14, 2020

Zombie Debts and Judgments. If the original creditor went to court and obtained a judgment against you for a debt, the zombie debt cycle can be more complicated. First, judgments provide the creditor with the legal means to collect via actions such as wage garnishments or bank account liens.

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The Kaplan Group

AUGUST 6, 2020

This means that creditors can come after your personal assets to pay off business debt. Creditors can also try to “pierce the corporate veil” and seek payment from shareholders if you pay personal expenses with business funds. You can then deal with the court ordered judgment collection process at a later date.

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Credit Corp

MAY 19, 2021

If you owe money and don’t pay it, a creditor typically has to get a judgment to be able to force the collection. Judgments must be filed in the state where you reside. If you move before that process begins, creditors might not attempt to locate you and file in the correct jurisdiction.

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Sawin & Shea

AUGUST 18, 2021

There are two circumstances in which your employer could find out about your Chapter 7 bankruptcy: In a Chapter 7 bankruptcy, your employer would know only if you were already having your wages garnished by creditors (called wage attachment). Again, this does not mean that you will lose your job.

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Sawin & Shea

APRIL 26, 2023

A judgment lien against you can have a variety of distressing and negative consequences. Read on to learn everything you need to know about judgment liens in Indiana, including how they work and how to avoid them. What Is a Judgment Lien? Judgment Liens in the Hoosier State In Indiana, judgment liens last for 10 years.

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FFGN COLLECT NY

AUGUST 12, 2021

If you have a judgment against a person who owes you a sizable debt and had little success enforcing the judgment through traditional means, alternative options might afford better results. However, if the debtor is a beneficiary of a deceased New Yorker’s estate, you may be able to enforce the judgment through estate distribution.

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Collections Law

FEBRUARY 12, 2021

Cohen LLC domesticate and enforce foreign judgments for clients outside Massachusetts. We’ve created this blog as a primer on how we handle foreign judgment cases, as well as examining the tools that we use to help business owners like you to collect their accounts receivables. Domesticating Your Judgment.

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Consumer Financial Services Law

OCTOBER 12, 2016

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).

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Stevens Lloyd

DECEMBER 13, 2018

You have initiated a lawsuit and won a Default Judgment against the debtor. Judgments are worthless unless you can locate and garnish the debtor’s assets, however. Extracting money from judgments necessitates obtaining significant information about the debtor as it relates to their assets. So now what ?

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Debt RR

AUGUST 3, 2020

This unpaid debt can lead to a serious problem for businesses: garnishment. Bank account garnishment can create serious cash flow blocks for companies of all sizes, and those cash flow problems can compound into other issues, like payroll concerns and late payments on other accounts. Can Debt Collectors Garnish Bank Accounts in Texas?

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Collections Law

JULY 6, 2021

Cohen LLC, you will find that the process of domesticating and enforcing foreign judgments against your debtors is a much more straightforward process than one would typically expect. Filing of Judgments. For out-of-state creditors, the commercial litigation collections lawyers at Law Offices of Alan M.

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FFGN COLLECT NY

JUNE 24, 2022

Aside from judgments from family court, New York currently allows all judgment creditors the same opportunities to enforce their judgments. The remedies available differ based on whether the judgment is entered against a natural person, an individual, or a corporation. That is until now. Lien on Property.

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Collection Industry News

FEBRUARY 25, 2022

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.” The parties stipulated as to remedy, and the trial court entered final judgment awarding Debtor statutory damages plus attorney’s and filing fees. Creditor appealed.

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Roths Child Law

MARCH 15, 2023

When they can't find a job that offers comparable pay, they may find themselves unable to pay their bills at all in facing foreclosure, repossession or lawsuits from creditors. Even successful professionals typically only have enough money in savings to cover their cost-of-living expenses for a month or two.

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Roths Child Law

DECEMBER 17, 2021

They also won't care about the practical consequences of getting a lien against your house or a judgment awarding them a garnishment of your future income. Especially if a medical creditor has served you with lawsuit paperwork, filing for bankruptcy may be a smart decision.

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Collections Law

APRIL 1, 2020

Collecting debts from debtors having assets in Massachusetts while you are in another state or a different country used to be difficult, even if you had a judgment against them. Massachusetts was among the few states that had not adopted the Uniform Enforcement of Foreign Judgment Act. Not Just Domestication — Enforcement, Too.

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Collections Law

NOVEMBER 9, 2020

Like nearly every other state as of 2020, Massachusetts finally adopted the Uniform Enforcement of Foreign Judgments Act, allowing out-of-state judgments to be domesticated by Massachusetts attorneys. How We Can File Foreign Judgments for Domestication By Registration. Cohen LLC has experience with. Registration vs. Litigation.

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Consumer Financial Services Law

DECEMBER 21, 2016

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 Sanders

APRIL 27, 2023

Noting a rise in credit card delinquencies, the Consumer Financial Protection Bureau (CFPB or Bureau) released a new blog post analyzing civil judgments, the final recourse for creditors to collect on unsecured debt. According to the CFPB, civil judgments are “”both common and unevenly distributed.””

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The Kaplan Group

OCTOBER 19, 2020

You may also be responsible for paying the costs of the creditor hiring a collection agency or legal costs. Debt settlement companies, also sometimes called “debt relief” or “debt adjusting,” are companies that claim to renegotiate, settle, or in some way change the terms of your debt to a creditor or debt collector.

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Public Citizen

OCTOBER 29, 2020

Puerto Rico, and the Virgin Islands that protect wages, assets in a bank account, and property from seizure by creditors. “By Only when stimulus checks were deposited in families’ bank accounts and garnished by debt collectors did many states realize that they had no state laws to protect a basic amount in a family’s bank account.

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Troutman Sanders

DECEMBER 8, 2022

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

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