Troutman Sanders

FEBRUARY 1, 2022

District Court for the Southern District of California, granting summary judgment in favor of a debt collector in a Fair Debt Collections Practices Act (FDCPA) case. Emphasis in the original). Krieger , No. 21-55275 (9th Cir. 24, 2022) , the Ninth Circuit partially reversed a decision by the U.S.

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Collection Industry News

OCTOBER 12, 2020

Here’s some bedrock—debt collectors can call numbers supplied by the consumer to an original creditor as part of a credit transaction. Things can get dicey where the consumer switches number or the collector doesn’t have access to the original data supplied to the creditor, so watch out if that’s the case.

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Troutman Sanders

JULY 30, 2021

July 22, 2021), the Eastern District of Michigan granted summary judgment in favor of a debt collector, holding that it did not violate the Fair Debt Collections Practices Act (FDCPA) by failing to report that the plaintiff disputed the debt at issue. In Burns v. Keybridge Med. Revenue Care , No. 2:20-cv-12732 (E.D.

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Troutman Sanders

NOVEMBER 16, 2021

The Act amends provisions of New York’s Civil Practice Law and Rules, commonly referred to as the CPLR, and the Judiciary Law to require original creditors and third-party debt collectors to include certain information and documents when filing and prosecuting debt collection actions.

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Credit Corp

JUNE 3, 2021

How to Open a Bank Account That No Creditor Can Touch. In truth, it’s fairly rare to have a bank account that no creditor can touch. Depending on the legal situation, that could protect funds in the accounts from your creditors. The original creditor takes some actions to collect, sending you bills and statements.

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Collection Industry News

AUGUST 3, 2021

July 22, 2021), the Eastern District of Michigan granted summary judgment in favor of a debt collector, holding that it did not violate the Fair Debt Collections Practices Act (FDCPA) by failing to report that the plaintiff disputed the debt at issue. Source: site. In Burns v. Keybridge Med. Revenue Care , No. 2:20-cv-12732 (E.D.

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Credit Corp

FEBRUARY 23, 2024

It may be possible to settle zombie debt with your original creditor. The Fair Debt Collection Practices Act (​​FDCPA) prevents creditors from harassing you, so consult an attorney if you believe anyone is infringing on your rights. First, contact the creditor that originally secured the judgment.

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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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Debt Free Colorado

FEBRUARY 21, 2022

The Fair Debt Collection Practices Act (FDCPA) does not apply to original creditors or cover company obligations. It mandates that debt collectors post a bond to pay the amount owed to the creditor for whom they are collecting. Consumer debts include credit card debts, vehicle loans, medical costs, and school loans.

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Troutman Sanders

SEPTEMBER 21, 2022

A recent federal district court opinion highlights the potential pitfalls associated with renewals of unsatisfied default judgments. serves as a reminder that judgment creditors must still tread carefully when seeking to collect on, or revive, judgments from yesteryear. The case, Sarah Pitera v. 2:22-cv-00255-TL (W.D.

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Collection Industry News

MARCH 23, 2021

If you notify this office in writing within THIRTY (30) days of receiving this notice that this debt, or any portion thereof, is disputed, this office will obtain verification of the debt, or a copy of a judgment against you, and mail you a copy of such verification or judgment. This timely appeal followed. Equifax A.R.S. ,

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FFGN COLLECT NY

DECEMBER 12, 2023

The letter must detail the specific information you require, such as proof of agreement with the original creditor, a final account statement issued by the creditor, and a breakdown of the debt (due dates, interest rate, and principal amount). There are many ways to request debt verification, such as writing a request letter.

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Troutman Sanders

JANUARY 12, 2023

The conduct provisions in the Stipulated Final Judgment and Order look substantially similar to those in the Hanna and Pressler cases previously entered into by the CFPB. Under the settlement agreement, the law firm agreed to obtain proper supporting documents before filing collection lawsuits and also to pay a $100,000 civil penalty.

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Credit Corp

NOVEMBER 9, 2020

It does not come into play for creditors collecting their own debts. The name of the original creditor to whom the debt is owed. Sometimes, collectors may be allowed to make a claim if they have taken the consumer to court and received a court-approved judgment. State laws may provide additional protection.

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Troutman Sanders

AUGUST 26, 2020

The defendant argued that it relied on information provided by the original creditor, based on which it should be entitled to the bona fide error (BFE) defense. The district court agreed and granted summary judgment to the defendant.

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Collection Industry News

AUGUST 8, 2022

Section 1788.206 provides that, in an action initiated by a private education lender or private education loan collector, no default or other judgment may be entered against a defendant unless documents are submitted by the plaintiff to the court to establish the facts required to be alleged. There are additional rules for class actions.

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Troutman Sanders

OCTOBER 12, 2021

Because the sale of the car did not cover the full balance on the auto loan, Adams filed a lawsuit against Cheatham in state court to obtain a deficiency judgment on behalf of her client. The case began when Cheatham defaulted on a car loan and surrendered the vehicle, which was sold at auction. Cheatham was also awarded attorney’s fees.

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Troutman Sanders

OCTOBER 17, 2023

The trial court granted summary judgment to the defendant on all claims finding that because the defendant was not a consumer lender it was not required to obtain the license at issue. Additionally, the appellate division found that the plaintiff had not suffered an ascertainable loss.

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Debt Collection Answers

MAY 18, 2023

They can request a default judgment from the court if they contact you and you fail to respond within 20 days. A default judgment enables DNF Associates, LLC to seize your bank account, garnish your wages, and take other damaging legal actions against you. DNF Associates initiates legal proceedings against numerous individuals.

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Credit Management Company

AUGUST 9, 2022

The full name of the creditor. A statement that if the consumer notifies the debt collector in writing within the 30-day period that the debt, or a portion of the debt, is disputed, the debt collector will obtain proof of the debt of a copy of the judgment against the consumer.

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Collection Industry News

NOVEMBER 2, 2020

(The court did not address whether or not the problematic envelope being inside another envelope has any impact on its decision, but that’s likely because they were reviewing a decision on a motion to dismiss rather than a motion for summary judgment.). Creditor ID Claims—A Mixed Bag. A judgment is a judgment.

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National Service Bureau

MAY 27, 2015

According to §809, “ If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, (..)

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Credit Corp

AUGUST 31, 2021

Each state has a law referred to as a statute of limitations that spells out the time period during which a creditor or collector may sue borrowers to collect debts. But they also know that most borrowers who are sued for old debts won’t show up in court, and the judge will issue a default judgment. The creditor closes your account.

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Credit Corp

JUNE 14, 2023

A charge-off is when the creditor officially writes your debt off its books as a loss. Keep in mind that a creditor writing off your unpaid debt as a loss doesn’t mean you don’t owe the debt. Your creditor may sell your charged-off debt to a collection agency for pennies on the dollar.

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Taurus Collect

NOVEMBER 15, 2023

As a debtor, you have the following rights: Right to Privacy: Debt collectors are not allowed to share information about your debts with anyone else except your attorney or the original creditor. The FOS can independently review your complaint and provide a judgment.

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Consumer Financial Services Law

JANUARY 22, 2021

For debt collectors choosing to use the last statement date, the Comments clarify that it is the date of the last statement provided by the creditor and may include those provided by a third party acting on the creditor’s behalf, such as a servicer. Section 1006.34(b) Section 1006.34(c) Section 1006.34(c)

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Better Credit Blog

APRIL 1, 2022

Write a letter to the original creditor or collection agency and ask them to remove the negative entry from your credit history as an act of goodwill. You will basically explain your situation to the creditor or collection agency. For this to work, be prepared to negotiate with the creditor or collection agency over the phone.

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Consumer Financial Services Law

AUGUST 14, 2017

Capital Management Services, the collection agency sent a single letter which identified the original and current creditor, the account number as “5702” and the amount of the debt as $565.91. In Powers v.

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Better Credit Blog

APRIL 3, 2022

In other words, when the original creditor has been unsuccessful in collecting on a debt, it will write off the debt as a loss. There’s a chance some details about your account got lost in the transfer from the original creditor. How Portfolio Recovery Associates Works. This is called a charge-off.

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Collection Industry News

JANUARY 29, 2021

The debt collector may select one of five reference dates as the itemization date: 1) the last statement date; 2) the charge-off date; 3) the last payment date; 4) the transaction date; or 5) the judgment date; and. Importantly, the final rule revises the definition of “consumer” to include both living and deceased consumers.

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Debt RR

AUGUST 3, 2020

A commercial debt collector works exclusively with B2B creditors that need to collect past due payments from other businesses. Negotiate payoff balances: In some cases, B2B creditors might authorize commercial debt collectors to make payment arrangements with their clients. What Do Commercial Debt Collection Agencies Do?

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Consumer Financial Services Law

MARCH 15, 2019

If you notify this office in writing within 30 days of receiving this notice, this office will obtain verification of the debt or a copy of a judgment and mail a copy of it to you. IS THE CREDITOR'S ATTORNEY AND IS ATTEMPTING TO COLLECT A DEBT ON ITS BEHALF. Thank you for your attention to this matter. FABRIZIO & BROOK, P.C.

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Better Credit Blog

APRIL 1, 2022

Make sure to follow through, because credit agencies can turn a simple collection into a judgment, legally garnishing wages or your bank account, you will be required to pay the full debt as well as legal fees. If you can, try to settle with the original creditor. The credit bureaus have 30 days to investigate the dispute.

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Debt RR

DECEMBER 13, 2019

Creditors usually send several notices prior to filing a complaint with the court. In fact, the creditor will need to show the court its attempts at collecting the debt and its notice of intent to sue in order to prove its case. There are two other conditions that must be met for a creditor to serve papers on a debtor.

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FDCPA Defense

NOVEMBER 11, 2014

Section 1692g of the FDCPA says collectors must provide notice to consumers within five days of the initial communication regarding the debt, stating the amount of the debt, the name of the current creditor, and explaining the consumer’s right to dispute the debt and to obtain verification. See 15 U.S.C. 1692g(a)(1), (2). 1692g(a)(4).

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The McHughes Law Firm

JULY 12, 2016

Because of their involvement in collecting money you owe a creditor, you may be contacted via a phone call or a letter from a debt collection attorney. It’s important to remember that the unpaid debt has passed through the original creditor to a debt collection attorney.

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Consumer Financial Services Law

MAY 25, 2021

In doing so, the debt collector electronically transmitted certain information to its letter vendor, including: (1) the consumer’s name and address; (2) the balance owed; (3) the name of the creditor; “(4) that the debt concerned his son’s medical treatment;” and (5) his son’s name. LEXIS 11648 at *4. See Section 1006.34(c)(2)(i)

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