Account Recovery

SEPTEMBER 26, 2024

The background: The defendant filed an eviction lawsuit against the plaintiff on behalf of a landlord in April 2022.

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Better Credit Blog

AUGUST 31, 2020

Having debt in collections can be downright overwhelming, especially when debt collectors bombard you with dozens of phone calls. Debt collectors are notorious for harassing consumers when they seek repayment, calling excessively and threatening to take actions that may not be legal. Table of Contents.

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Debt Free Colorado

APRIL 1, 2021

That said, let me walk you through all the elements of this particular email that tip it off as a scam: From: Sherrill Green <SherrillGreen@outlook.com> Wait, the prestigious “Webster Law Firm” doesn’t have it’s own domain and you’re using a generic outlook.com account? Attorney at Law?

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FFGN COLLECT NY

DECEMBER 15, 2021

If the individual owner or tenant owes the receivable and you seek payment from the individual through a debt collector , the CFPB will have a watchful eye. The CFPB is a federal agency designed to ensure that financial companies including debt collectors treat all consumers fairly. Use obscene or profane language.

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FFGN COLLECT NY

JUNE 14, 2023

When a debtor owes a creditor money and the creditor is seeking assistance collecting the amount owed, the creditor can either use a collection law firm or a collection agency. Law firms and collection agencies serve the same purpose initially.

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Account Recovery

SEPTEMBER 16, 2024

Judge Dismisses 2 of 3 Claims in FDCPA Suit Over HOA Debt A District Court judge in Missouri has partially dismissed a Fair Debt Collection Practices Act lawsuit against a collection attorney, leaving only one claim to proceed while dismissing others. Read on to hear what the experts have to say this week.

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Credit Corp

JANUARY 21, 2021

A collections notice shows up, a debt collector starts calling or you find a negative report on your credit history, but you know you paid the account in question. Can you sue a company for sending you to collections for money you didn’t owe? The post Can I Sue a Company for Sending Me to Collections?

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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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FDCPA Defense

AUGUST 19, 2013

291 (1995), lawyers have known that if they seek to collect consumer debts for clients – even when doing so through litigation – they might qualify as a "debt collector" under the Fair Debt Collection Practices Act, 15 U.S.C. Other factors also weigh against a finding that Wadas is a "debt collector."

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Mich Bankruptcy Blog

APRIL 28, 2019

There’s no doubt that many debt collection practices involve aggressive and unseemly tactics used to collect credit card and other unpaid debts, and, as a result, Congress stepped in to curb these practices by passing the Fair Debt Collection Practices Act (“FDCPA”). Supreme Court.

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Better Credit Blog

NOVEMBER 17, 2020

MBA Law Offices isn’t a name you’ve likely encountered outside of your credit report, but they are a legitimate company. Bluhm and Associates, the small debt collection agency/law firm is located in Texas and collects medical debts across the country. How Does MBA Law Offices/Capio Work?

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Better Credit Blog

APRIL 3, 2022

Portfolio Recovery will buy old debt for pennies on the dollar. By purchasing old debt, Portfolio Recovery becomes the debt collector, gambling that it can collect on the debt and make a profit. The Fair Debt Collection Practices Act outlines your rights as a consumer. Ads by Money.

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Collection Industry News

OCTOBER 12, 2020

“The CFPB is actively working to protect consumers from illegal actions of debt collectors,” CFPB Director Kathleen L. We will continue to monitor the financial marketplace, as well as consumer complaints received, in order to ensure that we identify and take action against debt collectors who are violating the law.”.

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Troutman Sanders

NOVEMBER 16, 2023

Court of Appeals for the Second Circuit issued a summary order affirming a district court’s holding that an emailed response to the plaintiff’s email did not constitute an “initial communication” under the Fair Debt Collections Practices Act (FDCPA). In Worley v. Simon, Meyrowitz & Meyrowitz, P.C. ,

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Troutman Sanders

JUNE 28, 2022

The creditor referred the account to a law firm, which served the consumer with a collection suit and obtained a default judgment for the balance. The law firm sent four post-judgment collection letters, demanding the $4,225.74 In a fifth letter, it demanded a balance of $3,996.74.

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Troutman Sanders

AUGUST 4, 2020

In a recent decision out of the Middle District of Tennessee, a medical provider’s third-party billing servicer did not qualify as a debt collector under the Fair Debt Collections Practices Act (“FDCPA”) because the debt was not in default when it was placed with the extended billing office.

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Credit Corp

SEPTEMBER 12, 2023

If you have a lot of inaccurate collection accounts on your report, you might need help from a credit repair firm like Lexington Law Firm. But if you’re committed to a DIY approach to addressing collection items, the following steps may help you clear up your credit profile.

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Troutman Sanders

MARCH 12, 2025

Civil Complaint Administration, Pacific Billing Solutions, Cornerstone Legal Group, LLC, and their operators engaged in a fraudulent scheme to deceive consumers into paying debts they did not owe. These letters threatened legal action, damage to credit scores, and other severe consequences if the purported debts were not paid.

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Troutman Sanders

JANUARY 18, 2021

Benjamin , Judge Schroeder, of the United States District Court for the Middle District of North Carolina, denied Higgins Benjamin, PLCC’s (“Higgins”) motion to dismiss a class action claim brought by Mark and Geneva Golden under the Fair Debt Collection Practices Act. The Court found the reasoning in Fariasantos v.

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Troutman Sanders

SEPTEMBER 7, 2023

The Seventh Circuit Court of Appeals recently affirmed a district court’s dismissal of a suit holding that the plaintiff had not suffered a concrete injury, and therefore, lacked standing to assert a claim under the Fair Debt Collections Practices Act (FDCPA). Kohn Law Firm, S.C. In Choice v.

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Consumer Finance Watch

SEPTEMBER 16, 2022

Wayne Streibich, Diana M. Eng, and Andrea M.

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Indiana Consumer Law Group

SEPTEMBER 7, 2016

Duff announces the recent filing of a lawsuit against the Ohio law firm Sottile & Barile, LLC. The FDCPA requires a debt collector to provide consumers notice of certain rights either in the initial communication with the consumer or within five days thereof. One of those rights is the right to dispute the debt.

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FFGN COLLECT NY

JANUARY 13, 2021

As of today, New York does not require licensing for collection agencies or collection law firms. This is contrary to the licensing required of collection agencies by more than 20 states. Federal, State, and Local Regulations for Consumer Debt.

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Better Credit Blog

APRIL 1, 2022

Also, others cited that Credence did not remove the collection from their credit reports after the creditor negotiated an agreement with them. The Fair Debt Collection Practices Act provides several protections from collection agencies, so it is important to know your rights. Send a Debt Validation Letter.

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Consumer Financial Services Law

OCTOBER 12, 2016

McCullough Payne & Haan, LLC, the defendant law firm obtained a judgment against the plaintiff in the Fulton County, Georgia, the judicial district in which the consumer lived. Post judgment, the law firm filed a garnishment proceeding against the consumer’s bank seeking to collect on the judgment. 1692i(a)(2).

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Indiana Consumer Law Group

NOVEMBER 26, 2016

Duff announces the recent filing of a lawsuit against Blatt, Hasenmiller, Liebsker & Moore, LLC, a debt collection law firm based in Chicago, Illinois. ” Despite the plain, unambiguous language of this section of the FDCPA, debt collectors violate this provision all the time. .”

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Troutman Sanders

NOVEMBER 20, 2020

Reversing a district court’s dismissal for failure to state a claim under the Fair Debt Collection Practices Act (“FDCPA”), the Second Circuit (“the Court”) ruled in Mizrachi v.

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BN Lawyers

MARCH 21, 2019

McCarthy & Holthus, LLP, holding that that business engaged solely in non-judicial foreclosure activities are generally exempt from the Fair Debt Collection Practices Act, 15 U.S.C. It is unclear what impact the decision on the debt collection and foreclosure industry beyond the limited facts of the case, but as in Henson v.

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Collection Industry News

DECEMBER 21, 2020

Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed.

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Troutman Sanders

FEBRUARY 14, 2022

LPA (Weltman), a law firm tasked with collecting the debt owed by Alina Khimmat, sent information, including Khimmat’s name, address, status as debtor, details of the debt, and other personal information, to a letter vendor hired to assist the firm in collecting the debt. In Khimmat v.

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Collection Industry News

NOVEMBER 2, 2020

In early 2019, a garnishment action was filed by Pallida in Denton County, Texas to collect on the default judgment. The defendants argued Barboza failed to state a claim under the FDCPA because the one-year statute of limitations had expired.

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Troutman Sanders

OCTOBER 28, 2020

In early 2019, a garnishment action was filed by Pallida in Denton County, Texas to collect on the default judgment. The defendants argued Barboza failed to state a claim under the FDCPA because the one-year statute of limitations had expired.

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The McHughes Law Firm

AUGUST 29, 2016

When you work with a debt collection attorney, the majority of funds collected still end up back in your ledger. 5: Debt Collectors Hound Debtors and Make Threats. Debt collection is governed by the Fair Debt Collection Practices Act , which has specific guidelines for contacting debtors.

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Collection Industry News

SEPTEMBER 28, 2020

In all but one decision, the debt collector succeeded on either a motion to dismiss or a motion on the merits. The sole case where the debt collector’s motion to dismiss was denied occurred in New Jersey. 2 were decided on motions for summary judgment.

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Collection Industry News

JUNE 1, 2023

Governments and regulatory bodies continually strive to strike a balance between consumer protection and enabling efficient debt recovery. New regulations, such as the implementation of the Consumer Financial Protection Bureau (CFPB) in the United States, aim to ensure fair debt collection practices and enhance consumer rights.

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Collection Industry News

FEBRUARY 25, 2022

Rodenburg Law Firm is available at: Link to Opinion. Finally, the Court emphasized the relevance of the fact that Debtor’s attorney notified Creditor that Debtor disputed the debt. A copy of the opinion in Ojogwu v. The trial court held that § 571.72, subd. In Heintz v. 291 (1995).

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Troutman Sanders

JANUARY 11, 2021

On December 15, 2020, the Seventh Circuit Court of Appeals decided four cases which all dealt with the issue of standing within the context of the Fair Debt Collection Practices Act (“FDCPA”). In response, the HOA hired the law firm of Thrasher, Buschmann & Voelkel, P.C. (“TBV”).

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