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. In doing so, it held that a collection letter, which indicated that the debtor could only dispute the underlying debt in writing, violated the FDCPA.

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Direct Recovery

SEPTEMBER 16, 2022

Dealing with debt collectors is a frustrating experience for anyone to deal with, regardless of the underlying reasons for the situation. There are strict limits on how frequently a debt collector is permitted to call someone here in California, but that doesn’t mean they aren’t allowed to contact you at all.

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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. Using Aggressive Methods to Collect Your Debt. With Notice vs. Ex Parte. Cohen LLC is second to none.

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Credit Corp

DECEMBER 14, 2020

But it’s especially frustrating if your debt is several years old. If you have debt on your credit reports or are getting calls from a collection agency, you might wonder how long a debtor can try to collect these debts—and how long it can affect your credit score. Can a debt collector collect after 10 years?

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Nexa Collect

JANUARY 12, 2022

Times have changed when collectors could easily put aggressive pressure on debtors or use forceful tactics to recover your money, without any repercussions. Hiring collectors who use aggressive tactics can quickly ignite the other party, and the possibility of having a very rough conversation becomes a reality.

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Troutman Sanders

JANUARY 18, 2022

Finding that the defendant debt collector was entitled to rely on the information provided by its client about the name of the debtor, a district court judge in Washington state granted summary judgment in favor of Puget Sound Collections, Inc. PSC) in a Fair Debt Collections Practices Act (FDCPA) case.

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Collections Law

NOVEMBER 10, 2023

You would think that winning a judgment in your debt collection case would be the end of your legal ordeal. Just because a court has decided that your debtor does indeed owe you money, does not always mean that your debtor is actually going to pay the money they owe you. Winning a judgment doesn’t always equal payment.

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Taurus Collect

NOVEMBER 15, 2023

Experiencing a constant barrage of calls from debt collectors can be overwhelming, to say the least. Many wonder, “How many times can a debt collector call me in one day?” Harassment or Abuse: The FDCPA prohibits debt collectors from using abusive, unfair, or deceptive practices. or after 9 p.m.,

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Troutman Sanders

JANUARY 9, 2023

LLC , the district court for the Northern District of Illinois confirmed the long-standing principle that not all communications sent from a debt collector to a debtor are governed by the Fair Debt Collection Practices Act (FDCPA). ARI acquired a debt owed by the plaintiff. Absolute Resolutions Investments.,

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Nexa Collect

JUNE 10, 2023

Here are some ways AI can be used in debt collections: Automated Communication: AI-powered chatbots can handle initial interactions with debtors, engage in conversations, and answer frequently asked questions. Lowering Collection Costs: Human debt collectors take a significant percentage of all money recovered by them.

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True Accord

NOVEMBER 22, 2024

The court found no violation of the FDCPA or the FCCPA and granted summary judgment in TrueAccord’s favor. The safe harbor: In the absence of the debt collector’s knowledge of circumstances to the contrary, a debt collector shall assume that communicating with a consumer between 8:00 a.m. and 9:00 p.m. (at

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Nexa Collect

JANUARY 19, 2022

A debt collector has several ways to find your latest address, phone number, and employer information. If you do not dispute the debt within 30 days of the first contact made to you (through phone or letter or other permissible means), the debt is considered valid, and the debt collector can continue to contact you.

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Credit Corp

AUGUST 31, 2021

Getting calls from debt collectors can be frustrating and even confusing. That’s even truer when someone is contacting you about an old debt you forgot about, thought was long resolved, or didn’t know about in the first place. Can a debt collector collect after 10 years, for example? In This Piece.

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Troutman Sanders

JUNE 16, 2021

Med-1 Solutions LLC , an Indiana district court granted partial summary judgment for the defendant in a Fair Debt Collection Practices Act (FDCPA) case. Both parties moved for summary judgment. The district court denied the plaintiff’s motion for summary judgment and granted partial summary judgment for the defendant.

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Nexa Collect

JUNE 18, 2023

Since debt collectors are on the phone all day long, they know every tactic to get paid. Legal Action : In some cases, if the debt remains unpaid for a long period, the collection agency may decide to take legal action against the patient. This could involve filing a lawsuit to seek a judgment for the amount owed.

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Collections Law

JANUARY 7, 2021

If you are an out-of-state business dealing with a delinquent debtor in the Commonwealth of Massachusetts, it’s a much more straightforward process than you might think to domesticate your judgment. However, it is still an uphill battle to have such a judgment enforced. Attachment of Assets. Supplementary Process.

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Collection Industry News

DECEMBER 21, 2020

According to the Bureau’s Consent Order, the Agency began purchasing and collecting on consumer debt beginning in 2012, and hired debt collection law firms to assist in their collection efforts by suing debtors in 2014.

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Burr Forman

SEPTEMBER 3, 2021

On August 31, 2021, the Seventh Circuit Court of Appeals reversed a summary judgment decision from the United States District Court for the Northern District of Illinois, and remanded the action with instructions to dismiss for lack of subject matter jurisdiction. Both of the parties moved for summary judgment. See Wadsworth v.

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Collection Industry News

MARCH 23, 2021

Court of Appeals for the Third Circuit recently held that a debt collector did not violate the federal Fair Debt Collection Practices Act (FDCPA) when it sent a consumer a collection letter inviting her to “eliminate further collection action” by calling the company, when in fact only written communication could legally stop collection activity.

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Collections Law

MAY 7, 2021

Winning your case in court is often the easy part of the legal debt collection process; it’s collecting your payment post-judgment where things get challenging and require a bit of strategy. Finding Your Debtor’s Assets. The first step in this process is determining which of your debtor’s assets can be seized to get you paid.

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Nexa Collect

MARCH 12, 2021

Debt collection agencies in PR include Kinum , TSI , CICA, ILCA and Professional recoveries. Spanish and English-speaking debt collectors are required for Puerto Rico debt collection. Local debt collectors ). All that being said, in Puerto Rico interest is allowed on money judgments, at a rate of 6%.

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Collections Law

JUNE 20, 2024

Cohen & Associates LLC, our commercial collections attorneys have more than 50 years of experience helping Massachusetts and out-of-state creditors seek judgments from their debtors and collect on unpaid debts. In Massachusetts, the statute of limitations for commercial debt collection is six years.

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Collections Law

FEBRUARY 12, 2021

As a business owner, knowing the appropriate action that you can take to deal with out of state delinquent debtors is essential to the bottom line. The first step should be finding someone who can be in your corner and fight to collect your bad debts until they either collect the bad debt or no one else can.

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Collection Industry News

JUNE 14, 2021

In 2018, Homeland Security Investigations agents got a search warrant and seized $242,088 from Nocera’s business and personal bank accounts, after convincing a judge there was probable cause to believe the funds were derived from unlawful debt collecting and wire fraud. A judgment of $22.5 million Clarence residence.

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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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Collection Industry News

JUNE 14, 2021

Court of Appeals for the Second Circuit has ruled that a debt collector did not violate the Fair Debt Collection Practices Act by sending the plaintiff a settlement offer that did not disclose that his balance could increase due to interest and fees. In Cortez v. In its 2016 decision in Avila v.

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Collections Law

APRIL 2, 2024

When a debtor is delinquent, one of the biggest concerns for creditors is that the debtor doesn’t have enough money to pay what they owe. Securing an ex parte attachment to obtain pre-judgment security as part of a collections lawsuit can help to alleviate these concerns. After all a judgment is just a judgment.

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Collection Industry News

OCTOBER 27, 2020

Axiom Acquisition Ventures, LLC (“Axiom”) bought Robert Valenzuela’s consumer debt from a bank after he allegedly defaulted on his personal loan payments. Court of Appeals for the Eleventh Circuit, that a communication from a debt collector can have dual purposes, such as giving notice and demanding payment.

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Collections Law

MARCH 19, 2024

When a debtor is delinquent, one of the biggest concerns for creditors is that the debtor doesn’t have enough money to pay what they owe. Securing an ex parte attachment to obtain pre-judgment security as part of a collections lawsuit can help to alleviate these concerns. After all a judgment is just a judgment.

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Direct Recovery

JULY 31, 2024

The right debt collection agency can act as your own personal accounts receivable department tasked with tracing down delinquent accounts, contacting debtors, negotiating payments, filing for judgments, and collecting payments. They will also be unable to pursue any debts that aren’t legitimate with solid documentation.

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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.

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Troutman Sanders

MARCH 6, 2023

A district court in the Northern District of California recently denied in part a motion for judgment on the pleadings in a case alleging violations of the Telephone Consumer Protection Act (TCPA), Fair Debt Collection Practices Act (FDCPA), and California’s Rosenthal Act involving collection texts sent to a consumer. In Ronald Cupp v.

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Collection Industry News

JUNE 14, 2021

Ciffa’s offices in Niagara Falls and Kenmore, debt collectors intimidated their victims with illegal threats of arrests and lawsuits. According to federal prosecutors, an elderly cancer patient in Texas was so rattled by the threats that she borrowed $500 from her sister to help pay off a debt of $1,285. Source: site.

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Sawin & Shea

SEPTEMBER 27, 2023

If you are a victim of debt collector harassment, it’s important to know the debt collection laws, and consider your options for debt relief. Chapter 7 is also known as liquidation bankruptcy because in exchange for receiving a discharge of most kinds of debts, the debtor has to give up non-exempt assets.

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FFGN COLLECT NY

MAY 8, 2024

New York allows judgment creditors to restrain bank accounts belonging to judgment debtors once a judgment is entered. Turning over exempt funds to a judgment creditor or their agent is unlawful. Pathward ignored these rules and froze people’s accounts anyway. The courts also maintain a list of exempt funds.)

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Troutman Sanders

OCTOBER 15, 2020

Axiom Acquisition Ventures, LLC (“Axiom”) bought Robert Valenzuela’s consumer debt from a bank after he allegedly defaulted on his personal loan payments. Court of Appeals for the Eleventh Circuit, that a communication from a debt collector can have dual purposes, such as giving notice and demanding payment.

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Collections Law

AUGUST 11, 2020

Cohen LLC, you don’t have to suffer from the stress and frustration that comes with the legwork involved in following up with debtors. You also don’t have to sit helplessly in the face of bad debts when your debtor fails to make payments. We Domesticate Foreign Judgments in Massachusetts. At the Law Offices of Alan M.

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