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Judge Dismisses Third-Party Complaint Filed by Collection Law Firm

Account Recovery

A District Court judge in New Jersey has granted a defendant’s motion to dismiss a third-party complaint filed against it by a collection law firm over issues with a wage garnishment. The background: The dispute began when the plaintiff, a consumer, owed a debt which the law firm was assigned to collect.

Law Firms 147
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Judge Awards Plaintiff 25% of Requested Attorney’s Fees in Settled FDCPA Case

Account Recovery

The plaintiff claimed he had paid off the 2004 loan, and argued that the 2007 loan was no longer valid due to a procedural issue: while the creditor had served a collection complaint in 2011, it never filed the complaint with the court.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.

Law Firms 130
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Nevada Court Dismisses Wage Garnishment Lawsuit Due to Lack of Jurisdiction

Account Recovery

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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Compliance Digest – February 18

Account Recovery

Merchant of the District Court for the Eastern District of New York issued the ruling, determining that the plaintiff failed to establish sufficient connections between the law firm and the state of New York to justify her authority over the defendant. Translation: to CYA, you need better original creditor contracts.]

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Compliance Digest – March 10

Account Recovery

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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What is a Judgment?

Credit Corp

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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Judge Denies Defendant’s MSJ in FDCPA Case Seeking to Collect on Canceled Debt

Account Recovery

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?