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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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 […]

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Account Recovery

MAY 12, 2022

A District Court judge in New York 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 did not suffer a concrete injury after alleging the defendant violated the statute by sending a collection letter to the … The (..)

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Creditors Fair Debt Collection Judgment Collections 246

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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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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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.”

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Creditors Fair Debt Collection Judgment Collections 246

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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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 … (..)

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Creditors Fair Debt Collection Judgment Collections 241

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.

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Creditors Fair Debt Collection Judgment Collections 242

Account Recovery

AUGUST 7, 2020

A District Court judge in New York has agreed to adopt a Magistrate Judge’s recommendation that a defendant’s motion for judgment on the pleadings be granted after it was sued for violating the Fair Debt Collection Practices Act because it allegedly did not properly identify the creditor to whom a debt was owed in a … The post Judge (..)

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Creditors Fair Debt Collection Judgment Collections 246

FFGN COLLECT NY

DECEMBER 2, 2024

In the case at hand, the creditor sued their former client for breach of contract in New York State Court. The creditor alleged that the debtor received and failed to turn over the insurance payments. The former client had also promised to repay the creditor on multiple occasions. The debtor later went on to file for bankruptcy.

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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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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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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 […] (..)

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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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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

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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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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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, (..)

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Creditors Judgment 130

FFGN COLLECT NY

APRIL 23, 2024

New York debt collection laws allow judgment creditors many ways to collect from debtors. One option available is to take over or “charge” a judgment debtor’s interest in an LLC or limited liability company. NY Civil Practice Law and Rules Article 52 is the go-to statute for judgment enforcement in New York.

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FFGN COLLECT NY

AUGUST 26, 2024

How do you get paid when you’ve won your New York debt collection case and have a money judgment? Read on to understand the mechanics of the sale and how to satisfy your judgment. Between the time of levy and the sale date, the debtor often contacts the marshal’s office to arrange payment of the judgment and marshal fees.

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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 (..)

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Creditors Fair Debt Collection Debt collector Judgment 147

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 (..)

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Creditors Fair Debt Collection Judgment Collections 130

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

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

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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FFGN COLLECT NY

FEBRUARY 4, 2024

Domesticating an out-of-state judgment is easier in New York when the out-of-state court awarded the judgment “on the merits,” meaning the defendant appeared in the case. Filing an out-of-state default judgment—a judgment awarded when the defendant did not appear—is a bit more timely and challenging.

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Judgment Debtor Creditors 52

FFGN COLLECT NY

JUNE 3, 2020

With both consumers and small businesses receiving funds from the Paycheck Protection Program (PPP) and CARES Act, questions have come up as to whether these amounts can be frozen or garnished by debt collectors or creditors. Is garnishing PPP or CARES Act funds an option for satisfying outstanding monies owed to judgment creditors?

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Garnishment Creditors Judgment Judgment Enforcement 52

Account Recovery

OCTOBER 9, 2024

The plaintiff won a $2,000 judgment against the apartment complex in Maryland state court for issues related to mold in his apartment, but never collected on it. In his ruling, Judge Grimberg found no evidence that the Maryland judgment was related to or altered the outstanding balance that the defendant sought to recover.

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FFGN COLLECT NY

SEPTEMBER 19, 2023

When vacating a judgment entered against you is it better to make a regular motion or move by order to show cause? Your sworn statement with supporting exhibits should meet New York’s threshold to vacate the judgment, indicating that you have both an excusable default and a meritorious defense.

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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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Account Recovery

AUGUST 21, 2024

AB 2837, introduced by Assembly Member Rebecca Bauer-Kahan, would place a number of new restrictions on creditors who have obtained judgments for unpaid debts from consumers. The bill has been passed in the Assembly and is currently making its way through the state Senate.

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Collections Law

DECEMBER 19, 2022

A foreign judgment is a judgment, decree, or court order outside of the Commonwealth of Massachusetts. Creditors can use certain legal tools to collect from deadbeat debtors, but the process requires following a complex legal process. How does a creditor collect on a foreign judgment? The first is by registration.

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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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Collections Law

MAY 29, 2023

You went to the trouble of getting a judgment against your delinquent debtor and now what? Luckily, Massachusetts law offers a way to follow the money after a judgment goes unpaid. Rule 69 of the Massachusetts Rules of Civil Procedure gives creditors the power to enter into a discovery process after the judgment has been entered.

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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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Collections Law

AUGUST 9, 2023

In our experience in business-to-business collections, debtors frequently withhold payment even when creditors have obtained legal judgments against them. In Massachusetts, getting a legal judgment may be only the first step in a collections case. What can be done? What if the court rules our debtor cannot pay?

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