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

MARCH 10, 2025

ROBBIN LAW: After the New York Attorney General Letitia James (NYAG) recent crack downs on debt collectors violations of New Yorks Exempt Income Protection Act (EIPA), the NYAG has provided debtors with a guide on their rights under the EIPA. More details here. WHAT THIS MEANS, FROM JACQUELYN DICICCO OF J.

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Debt collector Fair Debt Collection Debtor Judgment 130

Account Recovery

FEBRUARY 24, 2025

In a case that was defended by the team at Martin Golden Lyons Wats Morgan, a District Court Judge in Colorado has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act lawsuit, ruling that the debt collector did not violate the statutes debt verification requirements.

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Fair Debt Collection Debt collector Judgment Collections 130

Account Recovery

MARCH 17, 2025

They are difficult to defend because rarely are they suitable for a motion to dismiss and, instead, must go through discovery and then a motion for summary judgment. A debt collector who is not satisfied with their internal policies and procedures should not be willing to go down this path.)

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Debt collector Fair Debt Collection Judgment Consumer Credit 130

Account Recovery

OCTOBER 5, 2021

The Supreme Court of Montana has affirmed a lower court’s ruling against a plaintiff’s attorney who filed suit against a debt collector, another attorney who was hired to collect on a judgment against the plaintiff’s attorney, and a law firm that had agreed to have its offices used for a deposition after a judgment was … The (..)

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Law Firms Debt collector Judgment Collections 246

Account Recovery

JANUARY 29, 2025

So the district court correctly granted summary judgment to [the defendant].” The decision reinforces the standard that merely questioning a balance does not necessarily trigger the reporting requirements of Section 1692e(8) of the FDCPA. The plaintiff then appealed to the Tenth Circuit, which agreed with the lower courts assessment.

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Fair Debt Collection Debt collector Judgment Collections 130

Account Recovery

MAY 15, 2023

A Magistrate Court judge in Nevada has partially granted a plaintiff’s motion for summary judgment in a Fair Debt Collection Practices Act case — but only on the grounds that there are no genuine issues of material fact that the plaintiff is a consumer, the defendant is a debt collector, and the debt in question …

Fair Debt Collection 246

Fair Debt Collection Debt collector Judgment Collections 246

Account Recovery

JULY 10, 2024

The Court of Appeals for the First Circuit has overturned a summary judgment ruling in favor of a creditor and two debt collectors that were sued in a class action for violating state law in Massachusetts related to how often a consumer can be contacted on the phone by a collector, ruling the plaintiff had […]

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Judgment Debt collector Creditors 130

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 (..)

Fair Debt Collection 246

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

JANUARY 6, 2025

Debt Collectors Cited in CFPB Post about New Junk Fee Tactics The Consumer Financial Protection Bureau has intensified its scrutiny of junk fees in the financial marketplace, with debt collectors and loan servicers squarely in the crosshairs this time. 23, 2025 sets up a summary judgment showdown for July 2025.

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Debt collector Judgment Loans Collections 130

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

Account Recovery

JANUARY 16, 2025

The background: The cases, filed in the District Court for the Western District of Oklahoma, alleged violations of Section 1692e(8) of the FDCPA, which prohibits debt collectors from failing to communicate that a disputed debt is disputed. Learn more. And more.

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Fair Debt Collection Debt collector Judgment Collections 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

Account Recovery

DECEMBER 30, 2024

A pro se consumer had managed to get a 3-judge panel of the Court of Appeals to reverse (in a 2-1 decision) lower court rulings finding that PRA had established its standing to sue and its ownership of the debtors account in the underlying collection action, and judgment in its favor on the debt.

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Fair Debt Collection Judgment Lawyers Bankruptcy 130

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

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

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 211

Account Recovery

FEBRUARY 24, 2025

California Appeals Court Reverses Judgment in Debt Buyer Case A California Appeals Court has reversed a lower courts ruling in favor of a debt buyer, determining that consumers do not need to show actual damages to pursue statutory damages under the Fair Debt Buying Practices Act (FDBPA). Stay tuned!

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Debt Buying Debt collector Credit Unions Credit Unions 130

Account Recovery

JANUARY 13, 2025

THE COMPLIANCE DIGEST IS SPONSORED BY: CFPB Targets Workplace Communications by Debt Collectors in Blog Post The Consumer Financial Protection Bureau is back with another blog post warning consumers about unfair debt collection practices, this time surrounding being contacted while at work. More details here.

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Healthcare Debt collector Banks Debtor 130

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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Judgment Collections Creditors Debtor 90

Account Recovery

FEBRUARY 18, 2025

2022): While convenience fees are not explicitly enumerated, Congress certainly did not want debt collectors to skirt statutory prohibitions through linguistic sophistry. Carrington Mortg. 4th 370 (4th Cir. So we have no trouble in concluding that convenience fees are an “amount” under the FDCPA.

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