Account Recovery

AUGUST 18, 2020

The Ninth Circuit Court of Appeals has overturned a lower court’s ruling that granted summary judgment in favor of a debt collector that was sued for violating the Fair Debt Collection Practices Act because it was entitled to the Bona Fide Error defense, determining that the lower court erred in assessing the BFE test.

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Fair Debt Collection Debt collector Judgment Collections 246

Account Recovery

OCTOBER 11, 2021

A District Court judge in Ohio has awarded a plaintiff more than $70,000 in damages and attorney fees after a default judgment was entered against a defendant in a Fair Debt Collection Practices Act case that accused the defendant of not properly identifying itself as a debt collector in conversations between the two and for … The post Judge (..)

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Fair Debt Collection Debt collector Judgment Collections 246

Account Recovery

AUGUST 19, 2020

A District Court judge in Utah has certified a Fair Debt Collection Practices Act class action case which accused a defendant of pursuing judgments on defaulted debts without registering as a debt collector in the state. A copy of the ruling in the case of Lawrence v.

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Fair Debt Collection Debt collector Judgment Collections 246

Account Recovery

JANUARY 17, 2022

When is a communication from a debt collector not an attempt to collect a debt? If it says so in a letter to an attorney representing a consumer, is that enough?

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Fair Debt Collection Collections Debt collector Judgment 246

Account Recovery

OCTOBER 2, 2020

The second time before the Ninth Circuit Court of Appeals turned out to be the charm for a debt collector that was accused of violating the Fair Debt Collection Practices Act by attempting to collect more than what was owed after a hospital made a billing error.

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Fair Debt Collection Collections Debt collector Judgment 241

Account Recovery

NOVEMBER 12, 2021

There isn’t a state in the country that is adequately protecting families from debt collectors, debt buyers, and creditors with exemption laws, allowing individuals to keep some of their assets or paychecks when a garnishment order or judgment is awarded, according to a report issued this week by the National Consumer Law Center.

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Garnishment Debt collector Judgment Creditors 238

Account Recovery

MARCH 25, 2022

A District Court judge in Illinois has dismissed a Fair Debt Collection Practices Act claim made by a plaintiff — who has the same name as a plaintiff’s attorney — against a debt collector while denying the defendant’s motion for summary judgment on a Telephone Consumer Protection Act claim, ruling that it isn’t clear (..)

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Fair Debt Collection Debt collector Judgment Collections 243

Account Recovery

DECEMBER 5, 2022

” … The post Calif.

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Creditors Fair Debt Collection Debt collector Judgment 242

Account Recovery

JUNE 9, 2021

On remand from the Ninth Circuit Court of Appeals, a District Court judge in Oregon has partially granted a plaintiff’s motion for summary judgment, ruling that a debt buyer who places accounts with a debt collector can be held vicariously liable for the actions of the debt collector, because the debt buyer “bear[s] the burden” … (..)

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Debt collector Judgment 211

Account Recovery

AUGUST 18, 2020

APPEALS COURT OVERTURNS FDCPA CASE THAT USED BFE DEFENSE The Ninth Circuit Court of Appeals has overturned a lower court’s ruling that granted summary judgment in favor of a debt collector that was sued for violating the Fair Debt Collection Practices Act because it was entitled to the Bona Fide Error defense, determining that the … The post (..)

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Fair Debt Collection Debt collector Judgment Collections 228

Account Recovery

JULY 27, 2023

A California Appeals Court has upheld the vacating of a default judgment against a debt collector, ruling the circumstances under which the company failed to respond to the complaint — the company’s former attorney had effectively abandoned his position — meet the definition of a satisfactory excuse.

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Judgment Debt collector 130

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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Debt collector Fair Debt Collection Collection Agencies Collections Agency 98

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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Debt collector Collections Judgment Collection Agencies 98

Account Recovery

NOVEMBER 6, 2020

In a case that was spotlighted by Barron & Newburger, a Magistrate Judge in Ohio has granted partial summary judgment in favor of a plaintiff who sued a debt collector for allegedly violating the Fair Debt Collection Practices Act because it did not identify itself as a collector when leaving voicemail messages.

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Fair Debt Collection Debt collector Judgment Collections 189

Credit Corp

MAY 19, 2021

And can debt collectors actually follow you to another country? It might be tempting to leave all your debts behind. We’ll walk you through the process, as well as some alternatives, so you can make the right choices for tackling your debt. Can Debt Collectors Follow You to Another Country?

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Debt collector Garnishment Judgment Creditors 105

Credit Corp

JUNE 3, 2020

A judgment is an order issued by a court of law. When you borrow money, you are legally required to repay the debt. 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. These laws vary.

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Judgment Garnishment Creditors Law Firms 98

Credit Corp

JUNE 3, 2021

Can debt collectors take money from your bank account to offset debts you owe them? In the meantime, here are some other things to do if you’re worried whether debt collectors can take money from your savings account or checking account. Don’t Let Debts Get to the Garnishment Stage.

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Debt collector Banks Garnishment Creditors 92

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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Judgment Collection Agencies Collections Agency Garnishment 204

Account Recovery

AUGUST 3, 2020

A District Court judge in Tennessee has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, agreeing that the defendant does not meet the definition of debt collector under the statute, in large part because the plaintiff’s agreement with the creditor spells out the exact nature of the relationship (..)

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Fair Debt Collection Debt collector Judgment Creditors 173

Collections Law

APRIL 23, 2024

Winning a judgment from the court might feel like a victory, but getting paid might be a whole new battle that you and your company were not expecting. Our tenacious commercial collections attorneys are relentless and aggressive when it comes to collecting money and enforcing judgments t to get our clients get paid.

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Judgment Judgment Enforcement Commercial Collection Collections 98

Account Recovery

DECEMBER 21, 2020

In a case that was first spotlighted by Eric Troutman at TCPAWorld.com, a District Court judge in Ohio has granted a plaintiff’s motion for summary judgment and awarded it $122,500 after he was contacted by a debt collector 245 times during a 4 1/2-month span, even though the creditor never communicated to the collector that … The post (..)

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Debt collector Judgment Creditors 162

Account Recovery

MARCH 19, 2021

JUDGE GRANTS MSJ FOR PLAINTIFF OVER STATUS OF DEBT BECAUSE CREDITOR CANCELED ACCOUNT A District Court judge in New York has granted a plaintiff’s motion for summary judgment after it sued a debt collector for allegedly violating the Fair Debt Collection Practices Act by sending two collection letters to the plaintiff, determining that the plaintiff (..)

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Garnishment Fair Debt Collection Debt collector Judgment 162

Collections Law

JULY 28, 2023

Large businesses and corporations that encounter nonpayment of business debt may assume that getting a court judgment against the non-paying company is all that is necessary. There are companies who will still withhold payment even after a court judgment. When they do, you need an attorney who knows how to collect on a judgment.

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Account Recovery

MARCH 19, 2021

A District Court judge in New York has granted a plaintiff’s motion for summary judgment after it sued a debt collector for allegedly violating the Fair Debt Collection Practices Act by sending two collection letters to the plaintiff, determining that the plaintiff must have been correct when he claimed that he did not owe the … The post (..)

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Creditors Fair Debt Collection Debt collector Judgment 147

Account Recovery

AUGUST 5, 2020

In a case that was first reported by Eric Troutman at TCPAWorld, a District Court judge in Nevada has granted a defendant’s motion for summary judgment in a Telephone Consumer Protection Act case in which a former debt collector purchased a prepaid cell phone for the purpose of suing companies that called him without consent.

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Debt collector Judgment 147

Account Recovery

AUGUST 3, 2020

Judge Grants MSJ in FDCPA Case; CFPB Argues Seila Law Ruling Shouldn’t Keep Collection Firm From CID Response appeared first on AccountsRecovery.net.

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Fair Debt Collection Debt collector Collections Judgment 147

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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Judgment Garnishment Creditors Law Firms 75

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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Debt collector Collections Collection Agencies Collections Agency 75

Public Citizen

DECEMBER 16, 2021

From a Federal Trade Commission press release : A group of phantom debt collectors will be permanently banned from the debt collection industry and required to surrender the contents of numerous bank and investment accounts under the terms of a settlement  with the Federal Trade Commission.

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Debt collector Law Firms Trade Judgment 74

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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Garnishment Fair Debt Collection Judgment Debt collector 130

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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Debt collector Judgment Fair Debt Collection Debtor 59

American Profit Recovery

MAY 5, 2023

Such as a onetime debt from a client. Winning a judgment in small claims court provides you with a legal document that states your client owes you money and it is recognized by the court. Small claims court could be an alternative if you do not have an ongoing need for debt collections. Urgency equals cash flow.

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Collections Collection Agencies Collections Agency Debt collector 200

Account Recovery

AUGUST 26, 2024

The background: The case arose from an attempt to collect a debt owed by the plaintiff, who had defaulted on a loan that was later purchased by the defendant, a debt buyer. In October 2020, MLG filed a collection complaint against the plaintiff in the San Diego Superior Court. The ruling: In this ruling, Judge Anthony J.

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Law Firms Fair Debt Collection Collections Judgment 130

Nexa Collect

JANUARY 12, 2022

We all are humans and even a debt collector can easily cross the legal red line during this heated conversation. Google yourself “d ebt collector harassing me “ In your search results, you will see countless attorneys whose full-time profession is to sue debt collectors at no cost to the debtor.

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Collection Agencies Collections Agency Debt collector Collections 130

Account Recovery

OCTOBER 15, 2024

A New Jersey Appeals Court has affirmed a lower court’s decision in favor of a debt collector after the consumer appealed rulings denying his attempt to vacate a bank levy and default judgment as well as a motion for reconsideration. Learn more.

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Debt collector Judgment Banks 130

Account Recovery

OCTOBER 7, 2024

As the court observed, the percentage of the law firm’s business devoted to collections had little bearing on whether it “regularly” collected debts on behalf of another and the lack of record evidence bearing on that point was no grounds for granting the law firm summary judgment. More details here. More details here.

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Debt collector Law Firms Fair Debt Collection Student Loans 130

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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