Account Recovery

AUGUST 12, 2024

In Martinez, the court summarily dismissed the consumer’s claim alleging that the debt collector violated 15 USC § 1692e (and specifically e(5) and e(10)) by sending a settlement letter on a time barred debt. The “merger principle merely extinguishes that specific claim that was adjudicated and replaces it with a final judgment.”

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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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Troutman Sanders

JULY 30, 2021

July 22, 2021), the Eastern District of Michigan granted summary judgment in favor of a debt collector, holding that it did not violate the Fair Debt Collections Practices Act (FDCPA) by failing to report that the plaintiff disputed the debt at issue. In Burns v. Keybridge Med. Revenue Care , No.

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Troutman Sanders

AUGUST 26, 2020

The plaintiff incurred a debt to a medical provider who placed the debt with a debt collector. The collection letter from the debt collector included a request for repayment of principal and interest. The district court agreed and granted summary judgment to the defendant.

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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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Nexa Collect

JUNE 21, 2023

Legal Action : The creditor or collection agency may file a lawsuit against you to recover the debt. If you ignore this or fail to defend yourself in court, a default judgment may be issued against you. Possible Social Stigma : In some cases, debt collectors may contact relatives or neighbors in an attempt to reach you.

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Collection Industry News

AUGUST 3, 2021

July 22, 2021), the Eastern District of Michigan granted summary judgment in favor of a debt collector, holding that it did not violate the Fair Debt Collections Practices Act (FDCPA) by failing to report that the plaintiff disputed the debt at issue. Source: site. In Burns v. Keybridge Med. Revenue Care , No.

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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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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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Collection Industry News

OCTOBER 12, 2020

Here’s some bedrock—debt collectors can call numbers supplied by the consumer to an original creditor as part of a credit transaction. Defendant moved for summary judgment and court granted. Either way, it never hurts to have a court decide that consent passed from a creditor to a debt collector.

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Troutman Sanders

NOVEMBER 16, 2021

The Act amends provisions of New York’s Civil Practice Law and Rules, commonly referred to as the CPLR, and the Judiciary Law to require original creditors and third-party debt collectors to include certain information and documents when filing and prosecuting debt collection actions.

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Better Credit Blog

APRIL 3, 2022

Portfolio Recovery buys multiple accounts with old debt from companies that have given up and “charged off” the accounts. In other words, when the original creditor has been unsuccessful in collecting on a debt, it will write off the debt as a loss. Portfolio Recovery will buy old debt for pennies on the dollar.

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National Service Bureau

MAY 27, 2015

Other complaints include false statements or representation, improper contact or information sharing, and taking or threatening an illegal action.

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FFGN COLLECT NY

DECEMBER 12, 2023

Here is an overview of the NYC law on debt collection: The consumer or debtor can ask the debt collector or attorney to verify the debt or show proof of verification upon collection. Consumers must be aware that the debt they are being collected for is valid. You must inform consumers about the debt specifics.

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Troutman Sanders

OCTOBER 12, 2021

Because the sale of the car did not cover the full balance on the auto loan, Adams filed a lawsuit against Cheatham in state court to obtain a deficiency judgment on behalf of her client. Cheatham won the state court suit, and the debt was deemed to be unenforceable because notice was deficient under Arkansas law.

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Credit Management Company

AUGUST 9, 2022

A statement that unless the consumer disputes the debt within 30 days of receipt it will be assumed to be valid by the debt collector. A statement that the debt collector will provide to the consumer, within 30 days, the name of the original creditor if different than the debt collector.

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Credit Corp

FEBRUARY 23, 2024

Dealing with zombie debt can be extremely complicated as debt collectors may repeatedly contact you about an account that belonged to you years ago. Much like the characters in a post-apocalyptic story, it’s possible to overcome zombie debt with the right know-how. How Does Zombie Debt Work?

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Consumer Financial Services Law

AUGUST 14, 2017

Section 1692e prohibits false, deceptive or misleading representations in connection with the collection of a debt. Where interest is not accruing on a debt, the debt collector does not need to state that no interest is accruing.

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Better Credit Blog

APRIL 1, 2022

Write a letter to the original creditor or collection agency and ask them to remove the negative entry from your credit history as an act of goodwill. If disputing the negative entry doesn’t work because you couldn’t find errors, or because the credit bureaus fixed them, your next step should be asking for a goodwill adjustment.

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Collection Industry News

NOVEMBER 2, 2020

The letter informed the consumer that she may dispute the debt or request verification, but did not specify that this must be done in writing. The panel found that the consumer lacked standing because she failed to allege that the debt collector’s actions harmed her or posed any risk to her. Creditor ID Claims—A Mixed Bag.

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Consumer Financial Services Law

JANUARY 22, 2021

Communications in Connection with Debt Collection) to allow debt collectors to communicate with the deceased consumer’s spouse, parent (if the consumer is a minor), legal guardian, executor or administrator, and confirmed successor in interest (as defined Regulation X). Section 1006.2(c) This definition dovetails with 1006.6

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Debt Collection Answers

MAY 18, 2023

Like all other debt collectors, DNF Associates, LLC depends on multiple sources of information to pursue debt collection. This involves gathering all relevant information and evidence regarding the purported debt. Typically, DNF Associates purchase these debts for as low as 10% of the original amount owed.

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Collection Industry News

JANUARY 29, 2021

Under the final rule, debt collectors must provide the consumer with certain information relating to the debt and the consumer’s rights (Validation Notice). consumer response information, such as prepared statements and prompts that the consumer may use to take certain actions, including disputing the debt.

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Better Credit Blog

APRIL 1, 2022

Make sure to follow through, because credit agencies can turn a simple collection into a judgment, legally garnishing wages or your bank account, you will be required to pay the full debt as well as legal fees. Debt Validation. If you can, try to settle with the original creditor. Calling you before 8:00 A.M

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Debt RR

AUGUST 3, 2020

It’s not uncommon for businesses to take on debt. Sometimes, that debt gets out of hand and businesses find themselves on the receiving end of calls from commercial debt collection agencies. Calls from a commercial debt collector can create an enormous amount of stress for many business owners.

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BN Lawyers

JANUARY 14, 2019

A debt collector is free to collect during the thirty-day period as long as it does not overshadow or contradict the consumer’s thirty-day rights. But what if the debt collector initiates a process that is not readily stopped if the consumer makes a timely request for validation? In Scott v. Trott Law, P.C. ,

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FDCPA Defense

JANUARY 28, 2012

Lawyers and agency owners are being sued based on the conduct of their clients and their collectors. Even original creditors, who are not subject to the FDCPA, are being drawn into FDCPA litigation under various theories of recovery. How can debt collectors avoid liability for the conduct of others?

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Consumer Financial Services Law

MAY 25, 2021

This article will examine the decision, its immediate impacts, and considerations for the industry as it moves toward implementation of the debt collection rule. A Quick Summary In Hunstein , the debt collector engaged a third-party vendor to prepare and send its demand letter. LEXIS 11648 at *4.

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FDCPA Defense

NOVEMBER 11, 2014

It is impossible to catalogue the manifold ways, some subtle and some not, in which a debt collector may attempt to circumnavigate section 1692g.” 1989) (“The statute is not satisfied merely by inclusion of the required debt validation notice; the notice Congress required must be conveyed effectively to the debtor. 1692g(a)(3).

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FDCPA Defense

AUGUST 22, 2016

There, the collection law firm defendant communicated with plaintiff on a number of occasions, and each time the firm identified itself as a “debt collector,” as required by section 1692e(11) of the FDCPA. Thank You,” without specifically reciting he was a “debt collector.” Hollins Law Firm , _F.3d iii] See Wahl , 556 F.3d

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Credit Corp

JUNE 14, 2023

Your creditor may sell your charged-off debt to a collection agency for pennies on the dollar. The collection agency may then attempt to collect the debt anew. Pro tip: Even if a debt has been charged off, consider contacting the original creditor to negotiate a settlement.

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Debt RR

DECEMBER 13, 2019

trillion worth of debt. When faced with mounting debt, it’s inevitable that someone will come to collect. Many people are facing a debt collector threatening to serve papers. When courts get involved, debt collection gets serious. Of course, ignoring a process server doesn’t make the debt or lawsuit go away.

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FDCPA Defense

MARCH 2, 2014

One method for identifying areas of potential concern, however, is to analyze the recent enforcement actions by the CFPB and other regulators filed against debt buyers and original creditors. The most comprehensive enforcement action against a debt buyer in recent years was brought by the FTC, not the CFPB.

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FDCPA Defense

JUNE 9, 2012

The knowing failure to communicate that a "disputed" debt is disputed is a violation of section 1692e(8). 1998) (section 1692e(8) "requires a debt collector who knows or should know that a given debt is disputed to disclose its disputed status to persons inquiring about a consumer's credit history.") (emphasis added); Sunga v.

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Account Recovery

DECEMBER 2, 2024

NYC Amends Collection Regulation to Clarify Debt Collection Definition Includes Creditors In a development first announced by ACA International, the New York City Department of Consumer and Worker Protection (DCWP) has proposed an amendment to its new debt collection regulation. More details here.

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