Account Recovery

SEPTEMBER 24, 2024

The Fourth Circuit Court of Appeals has affirmed a District Court’s dismissal of a lawsuit filed under the Fair Debt Collection Practices Ac. The plaintiff claimed that a debt collector violated the FDCPA by improperly serving a summons and complaint to the wrong address, obtaining a default judgment, and garnishing her wages.

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Debt Free Colorado

FEBRUARY 21, 2022

In this article we will answer the question: What can debt collectors do to you? Does Colorado Law Protect Me From Debt Collectors? When collecting a debt from you, collection agencies must adhere to federal and state rules. Fortunately, the federal Fair Debt Collection Practices Act (FDCPA) protects all states.

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American Profit Recovery

MARCH 15, 2024

It’s relatively inexpensive to file a claim, and if you have paperwork to back up your claim, your business will often achieve a favorable judgment. A small claims judgment is just that, an order from the court for the client to pay your business. In short, it becomes your responsibility to enforce that judgment.

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Credit Corp

DECEMBER 14, 2020

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? Can a Debt Collector Collect After 10 Years? Get Help Now.

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Credit Corp

MAY 30, 2023

A judgment is an order issued by a judge or jury to settle a lawsuit. For example, if you fail to pay a debt, the lender can take you to court. In this case, the judge may order you to pay the other party as part of the court’s final judgment. These terms are laid out in the final judgment. What Is a Judgment on Property?

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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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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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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. For commercial judgment debtors, although an unintended consequence, an exemption of $2,850 is applied.

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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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Credit Corp

MARCH 12, 2025

Dealing with credit card debt is challenging, let alone facing a debt lawsuit.If If you find yourself being sued by a debt collector, you may wonder how to get a credit card lawsuit dismissed. Unfortunately, as consumer debt rises, lawsuits are becoming more and more common. An estimated 2.5

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Direct Recovery

JUNE 24, 2020

Like many other consumer-focused states, California has put a number of different protections in place that forbid debt collectors from garnishing those valuable stimulus checks. Let’s dive into the details and break down exactly what debt collectors can and cannot do right now. The Judgment Factor.

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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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Collections Law

OCTOBER 5, 2020

However, there are debt recovery avenues you can pursue to help prevent your debtor from dissipating its assets so that when you win, you get paid. You may have heard the words “attachments” and “garnishments” thrown around. They know how to use them to get aid in your debt recovery efforts.

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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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Collection Industry News

MAY 24, 2021

Andrew Cuomo (D) signed legislation on Thursday that blocks debt collectors from garnishing residents’ coronavirus stimulus payments. New Yorkers who are subject to a monetary judgment against their bank account will receive a notice indicating that the pandemic-related funds are protected. Source: site. New York Gov.

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Nexa Collect

JUNE 21, 2023

If you ignore this or fail to defend yourself in court, a default judgment may be issued against you. This can lead to wage garnishment, bank levies, or liens against your property. Possible Social Stigma : In some cases, debt collectors may contact relatives or neighbors in an attempt to reach you.

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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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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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Sawin & Shea

NOVEMBER 23, 2022

Once bankruptcy is filed, whether it’s under Chapter 7 or Chapter 13 , an automatic stay prevents debt collectors from taking further legal action. Does bankruptcy clear lawsuit debt? Creditors can, and most likely will, take you to court if you owe a debt such as a credit card or medical bills and cannot pay.

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Consumer Financial Services Law

OCTOBER 12, 2016

The Eleventh Circuit recently joined the First and Eighth Circuits in concluding that the FDCPA’s venue provision does not apply to post-judgment garnishment proceedings. 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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Public Citizen

OCTOBER 29, 2020

No Fresh Start 2020: Will States Let Debt Collectors Push Families into Poverty in the Wake of a Pandemic? Only when stimulus checks were deposited in families’ bank accounts and garnished by debt collectors did many states realize that they had no state laws to protect a basic amount in a family’s bank account.

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Collections Law

OCTOBER 5, 2020

However, there are debt recovery avenues you can pursue to help prevent your debtor from dissipating its assets so that when you win, you get paid. You may have heard the words “attachments” and “garnishments” thrown around. They know how to use them to get aid in your debt recovery efforts. The Law Offices of Alan M.

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Credit Corp

NOVEMBER 9, 2020

The Fair Debt Collection Practices Act is a federal law that protects consumers against certain unfair collection practices. It applies to only external or third-party debt collectors and only for personal debts. It does not come into play for creditors collecting their own debts. or after 9 p.m.

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Collection Industry News

FEBRUARY 25, 2022

In Minnesota, a creditor may issue a garnishment summons to any third party “at any time after entry of a money judgment in [a] civil action.” The parties stipulated as to remedy, and the trial court entered final judgment awarding Debtor statutory damages plus attorney’s and filing fees. Source- site. Creditor appealed.

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Debt RR

AUGUST 3, 2020

This unpaid debt can lead to a serious problem for businesses: garnishment. Bank account garnishment can create serious cash flow blocks for companies of all sizes, and those cash flow problems can compound into other issues, like payroll concerns and late payments on other accounts.

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Collections Law

FEBRUARY 12, 2021

The experienced and effective debt collection attorneys at the Law Offices of Alan M. Cohen LLC domesticate and enforce foreign judgments for clients outside Massachusetts. Domesticating Your Judgment. After the Commonwealth of Massachusetts finally did so nearly two years ago, domesticating a foreign judgment now has two paths.

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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. When you hear from Portfolio Recovery (or any other debt collector), let the agency know that you know your rights.

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Troutman Sanders

JULY 28, 2020

July 15, 2020) , United States District Judge Barbara Jacobs Rothstein held that the defendants did not violate the Fair Debt Collection Practices Act (“FDCPA”) by failing to follow state procedural rules in obtaining a writ of garnishment as part of a debt collection action. The county court then entered final judgment.

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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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The Kaplan Group

OCTOBER 19, 2020

Debt settlement companies, also sometimes called “debt relief” or “debt adjusting,” are companies that claim to renegotiate, settle, or in some way change the terms of your debt to a creditor or debt collector. A judgment is the official result of a lawsuit in court.

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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. Cohen LLC will turn to our arsenal of commercial debt collection methods.

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Collections Law

NOVEMBER 6, 2019

Cohen LLC , we fight to get your business paid on your judgment debt as well as for the services and materials you have provided for which debtors have failed to pay in a timely manner. Wage Garnishments. Cohen LLC uses a variety of post-judgment collection methods, including reach-and-apply injunctions.

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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. Not Just Domestication — Enforcement, Too.

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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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Collection Industry News

MARCH 7, 2022

SB 1200 would limit annual interest to 3 percent, down from 10 percent and restrict the renewal of legal judgments on unpaid debt after 10 years. For years, state law has required courts to charge exorbitant interest rates on legal judgments, exacerbating the debt owed by California families,” Skinner said in a statement. “SB

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Collection Industry News

OCTOBER 6, 2020

It was a great time to be a debt collector. In August, Encore Capital, the largest debt buyer in the country, announced that it had doubled its previous record for earnings in a quarter. The company said it had stopped seeking orders to garnish bank accounts. It is, however, seizing wages.

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Collection Industry News

NOVEMBER 2, 2020

In early 2011, a default judgment was obtained against Barboza. 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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