Account Recovery

AUGUST 17, 2021

A District Court judge in Florida has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, while also pointing out that the legal theory put forth by the plaintiff’s attorney has been “tartly” rejected by other courts and “does not improve by repetition.”

Creditors 246

Creditors Fair Debt Collection Judgment Collections 246

Account Recovery

JANUARY 14, 2021

A District Court judge in Wisconsin has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act class-action case, determining that the plaintiff lacked standing to sue because he took no action to clarify his confusion over whom he should pay after receiving a collection letter from the defendant.

Creditors 242

Creditors Fair Debt Collection Judgment Collections 242

Account Recovery

APRIL 28, 2021

In a case that was defended by Jin Shin and the team at Malone Frost Martin, a District Court judge in Illinois has reversed himself and granted a defendant’s motion for reconsideration, undoing class certification and summary judgment in favor of the plaintiff, and awarding summary judgment to the defendant in a Fair Debt Collection … (..)

Creditors 241

Creditors Fair Debt Collection Judgment Collections 241

Account Recovery

NOVEMBER 12, 2021

Is it possible for an individual to sue a debt collector for violating the Fair Credit Reporting Act and Fair Debt Collection Practices Act for allegedly attempting to collect a debt that the individual believes he did not owe, when the individual took no action against the original creditor for placing the allegedly illegitimate debt … The post (..)

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Judgment Fair Debt Collection Original Creditor Debt collector 243

Account Recovery

OCTOBER 31, 2024

One of the nation’s largest credit card lenders has had a summary judgment ruling in its favor affirmed by the Court of Appeals for the Ninth Circuit, after it was sued for allegedly violating the Americans with Disabilities Act and the Family Medical Leave Act by an employee who had been terminated.

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Creditors Judgment Lender Banks 130

Account Recovery

OCTOBER 26, 2021

Judge Denies Defendant’s Motion in FDCPA BK Case; Creditor Fined $10k For Collecting Debts in Different Name appeared first on AccountsRecovery.net.

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Creditors Fair Debt Collection Collections Bankruptcy 246

Account Recovery

MARCH 6, 2025

The law firm, acting on behalf of the creditor, filed a lawsuit against the plaintiff, and she failed to respond. The court granted a judgment in the amount of $2,028.87. The background: The dispute began when the plaintiff, a consumer, owed a debt which the law firm was assigned to collect.

Law Firms 147

Law Firms Garnishment Collections Judgment 147

Account Recovery

MARCH 5, 2025

The judge determined that it followed its procedures for investigating disputes, which included contacting the original creditor to confirm the debts validity. Thus, the court concluded that NCSs investigation was not unreasonable as a matter of law. Learn more.

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Fair Debt Collection Original Creditor Judgment Creditors 130

Account Recovery

DECEMBER 30, 2024

The plaintiff claimed he had paid off the 2004 loan, and argued that the 2007 loan was no longer valid due to a procedural issue: while the creditor had served a collection complaint in 2011, it never filed the complaint with the court. The law firm defendant made a $3,000 offer of judgment in July 2024, which the plaintiff accepted.

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Law Firms Fair Debt Collection Creditors Loans 130

Account Recovery

OCTOBER 22, 2024

A District Court judge granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that the plaintiff’s claims were barred because they should have been addressed in an earlier case instead of a separate lawsuit being filed.

Fair Debt Collection 130

Fair Debt Collection Collections Bankruptcy Judgment 130

Account Recovery

NOVEMBER 8, 2024

However, the Ninth Circuit vacated the summary judgment that had been granted in favor of the collection agency regarding the alleged FDCPA violations. Given this uncertainty, the Ninth Circuit determined that summary judgment was inappropriate and remanded the case back to the district court for further proceedings. Learn more.

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Fair Debt Collection Collection Agencies Collections Agency Healthcare 130

Account Recovery

JANUARY 27, 2025

A District Court judge in Nevada has granted a defendant’s motion to dismiss after it was accused of garnishing the plaintiff’s wages without first domesticating the judgment in that state. The background: The case stemmed from a consumer credit card debt judgment originally obtained in Tennessee by a creditor.

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Garnishment Credit Card Debt Judgment Law Firms 130

Account Recovery

NOVEMBER 19, 2024

The background: The plaintiff filed this lawsuit accusing the defendant of improperly renewing a judgment that had been discharged during a prior Chapter 7 bankruptcy. The debt in question was originally tied to a judgment obtained in 2013 in Sonoma County Superior Court.

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Chapter 7 bankruptcy Fair Debt Collection Bankruptcy Collections 130

Account Recovery

MARCH 19, 2021

A District Court judge in New York has granted a plaintiff’s motion for summary judgment after it sued a debt collector for allegedly violating the Fair Debt Collection Practices Act by sending two collection letters to the plaintiff, determining that the plaintiff must have been correct when he claimed that he did not owe the … The post (..)

Creditors 147

Creditors Fair Debt Collection Debt collector Judgment 147

Jimerson Firm

APRIL 9, 2024

Collecting on Judgment Liens in Florida Acquiring a money judgment through the litigation process in the State of Florida can be tough, arduous, and expensive. When a court enters a civil money judgment, it creates a judgment debtor and a judgment creditor. on one’s vehicle.

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Judgment Debtor Creditors Collections 105

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. By utilizing aggressive, relentless and innovative tactics, ethically allowed under Massachusetts laws, we help clients collect unpaid judgments. Sound familiar?

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Judgment Commercial Collection Debtor Creditors 52

FFGN COLLECT NY

FEBRUARY 20, 2025

Looking to domesticate a judgment in New York and wondering if its worth the expense? Consider the following: Except for judgments obtained for medical services, New York is extremely liberal when it comes to judgment enforcement. New York allows 9% interest on commercial judgments unless otherwise stated in the judgment.

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Judgment Judgment Enforcement Garnishment Debtor 52

Account Recovery

JULY 10, 2024

The Court of Appeals for the First Circuit has overturned a summary judgment ruling in favor of a creditor and two debt collectors that were sued in a class action for violating state law in Massachusetts related to how often a consumer can be contacted on the phone by a collector, ruling the plaintiff had […]

Judgment 130

Judgment Debt collector Creditors 130

Account Recovery

OCTOBER 15, 2020

Robbie Malone and the team at Malone Frost Martin shared the details of a victory in a case in which a District Court judge in New York granted a defendant’s motion for judgment on the pleadings after it was accused of violating the Fair Debt Collection Practices Act by not properly identifying the creditor to … The post Judge Grants Motion (..)

Creditors 130

Creditors Fair Debt Collection Judgment Collections 130

Credit Corp

JUNE 3, 2020

A judgment is an order issued by a court of law. The company, creditor or collection agency has legal ways to pursue payment. If they are successful, the court issues a judgment against you. What Happens After a Judgment Is Entered Against You? You should receive a notice of the judgment entry in the mail.

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Judgment Garnishment Creditors Law Firms 98

Account Recovery

MARCH 22, 2022

A Magistrate Court judge in New York has awarded the attorneys representing a plaintiff in a Fair Debt Collection Practices Act $11,297 in fees, after the plaintiff accepted an offer of judgment in the amount of $1,050 over a $59 debt that was owed to the original creditor.

Fair Debt Collection 246

Fair Debt Collection Original Creditor Judgment Creditors 246

Account Recovery

DECEMBER 12, 2023

Creditors Facing FCRA Suit for Sending Card to Other Person with Same Name as Plaintiff Judge Remands Class Action Back to State Court NCLC Report Criticizes State’s Inabilities to Protect Consumers from Judgments, Garnishments FTC Issues Warning About QR Code Scams WORTH NOTING: The best gifts for people who work from home … A gift […] (..)

Creditors 147

Creditors Garnishment Judgment 147

Account Recovery

APRIL 21, 2022

The legal system is an “ineffective vehicle” for collecting unpaid debts for both plaintiffs and defendants, according to research conducted by the Utah Bar Foundation, in conjunction with Pew Charitable Trusts, showing that showing up to defend against a collection lawsuit often leads to more debt while judgments obtained by plaintiffs (..)

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Collections Judgment Creditors 245

Account Recovery

SEPTEMBER 6, 2022

A District Court judge in Illinois has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case involving how the defendant, and the original creditor, came to be in possession of the plaintiff’s husband’s Social Security number. A copy of the ruling in the case of Billups v.

Fair Debt Collection 246

Fair Debt Collection Original Creditor Judgment Creditors 246

Account Recovery

AUGUST 5, 2022

A District Court judge in Washington has partially granted a plaintiff’s motion for summary judgment, ruling that the defendant’s attempts to collect an unpaid apartment debt that was inflated because the creditor determined that the plaintiff had forfeited her security deposit violated certain provisions of the Fair Debt Collection Practices (..)

Fair Debt Collection 246

Fair Debt Collection Collections Judgment Creditors 246

Account Recovery

JULY 22, 2022

A District Court judge in California has partially granted a plaintiff’s motion for summary judgment while denying a defendant’s motion in a Fair Debt Collection Practices Act case, ruling that the defendant violated its discovery obligations by not providing documentation to prove the current creditor owned the debt in question and had (..)

Fair Debt Collection 245

Fair Debt Collection Judgment Creditors Collections 245

Account Recovery

NOVEMBER 12, 2021

There isn’t a state in the country that is adequately protecting families from debt collectors, debt buyers, and creditors with exemption laws, allowing individuals to keep some of their assets or paychecks when a garnishment order or judgment is awarded, according to a report issued this week by the National Consumer Law Center.

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Garnishment Debt collector Judgment Creditors 238

Account Recovery

MARCH 24, 2021

One creditor is running into some legal trouble because it doesn’t. Do you still have copies of your policies and procedures lying around from 2005?

Fair Debt Collection 242

Fair Debt Collection Collections Judgment Creditors 242

Collections Law

APRIL 23, 2024

Winning a judgment from the court might feel like a victory, but getting paid might be a whole new battle that you and your company were not expecting. Our tenacious commercial collections attorneys are relentless and aggressive when it comes to collecting money and enforcing judgments t to get our clients get paid.

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Judgment Judgment Enforcement Commercial Collection Collections 98

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. What If Funds Exempt From Judgment Enforcement Are Held?

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Judgment Enforcement Judgment Debtor Creditors 98

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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Garnishment Debtor Collection Agencies Collections Agency 130

Collections Law

JULY 28, 2023

Large businesses and corporations that encounter nonpayment of business debt may assume that getting a court judgment against the non-paying company is all that is necessary. There are companies who will still withhold payment even after a court judgment. When they do, you need an attorney who knows how to collect on a judgment.

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Judgment Collections Creditors Debtor 90

Account Recovery

AUGUST 25, 2023

Collector Facing Class-Action for Allegedly Not Identifying Current Creditor in MVN Appeals Court Rules Risk of Future Harm Sufficient for Standing Judge Certifies Class in FDCPA Case Over Attempts to Enforce Judgment NFID Seeks Feedback on Upcoming Licensing Regs CAS Advises on 9th M&A Transaction in 2023 WORTH NOTHING: How to build your own go-bag, (..)

Creditors 130

Creditors Judgment 130

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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Secured Creditor Repossession Collateral Creditors 98

Account Recovery

MARCH 10, 2025

When obtaining a judgment in a debt collection action and, thereafter, seeking to enforce that judgment, debt collectors must be aware of the EIPA and proceed accordingly. More details here. Defendants are therefore well-advised to carefully analyze complaints for pleading deficiencies.

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Debt collector Fair Debt Collection Debtor Judgment 130

Account Recovery

FEBRUARY 18, 2025

More bankruptcies mean higher charge-offs for creditors and increased reliance on third-party collection agencies. Translation: to CYA, you need better original creditor contracts.] WHAT THIS MEANS, FROM LAURIE NELSON OF PAYMENT VISION: The surge in bankruptcy filings in 2024 presents both challenges and strategic opportunities.

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Fair Debt Collection Law Firms Bankruptcy Judgment 130

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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Judgment Garnishment Creditors Law Firms 75