Nexa Collect

JUNE 18, 2023

Legal Action : In some cases, if the debt remains unpaid for a long period, the collection agency may decide to take legal action against the patient. This could involve filing a lawsuit to seek a judgment for the amount owed. There are also state laws that can affect the process of medical debt collection.

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Debt Free Colorado

FEBRUARY 21, 2022

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. What is the Federal Fair Debt Collection Practices Act (FDCPA)?

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Debt collector Fair Debt Collection Collection Agencies Collections Agency 98

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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Troutman Sanders

JANUARY 9, 2023

LLC , the district court for the Northern District of Illinois confirmed the long-standing principle that not all communications sent from a debt collector to a debtor are governed by the Fair Debt Collection Practices Act (FDCPA). Absolute Resolutions Investments.,

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Debtor Debt collector Collections Fair Debt Collection 52

FFGN COLLECT NY

DECEMBER 12, 2023

Is there a law in NYC that protects consumers and debtors from debt collecting agencies, businesses, and their attorneys? Suppose you are under constant pressure from these agencies and their legal representatives to settle your debt. Why is Debt Verification Important & Why Debtors Should Care?

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Account Recovery

SEPTEMBER 23, 2024

1991) (overruled on other grounds) where it was held “debt collector does not automatically violate Section 1692c(A)(2) by communicating with a debtor regarding new debts, even when the debtor is represented by counsel on an earlier debt.” Harrison, 950 F.2d 2d 107, 113 (3d Cir.1991) Nothing new under the sun.

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Debt collector Accounts Receivables Management Debtor Bankruptcy 130

Troutman Sanders

JULY 28, 2020

Does a judicial foreclosure action constitute “debt collection activity” under the Fair Debt Collection Practices Act (“FDCPA”)? That remedy, called a deficiency judgment, is often available in judicial foreclosure proceedings. Court of Appeals for the Ninth Circuit in Barnes v. Routh Crabtree Olson, P.C.

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Foreclosure Judgment Collections Fair Debt Collection 52

Troutman Sanders

JUNE 16, 2021

Med-1 Solutions LLC , an Indiana district court granted partial summary judgment for the defendant in a Fair Debt Collection Practices Act (FDCPA) case. At the time it received the notice of the plaintiff’s bankruptcy petition, the defendant did not have any active accounts for collection regarding the plaintiff.

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Judgment Debt collector Bankruptcy Fair Debt Collection 52

Troutman Sanders

MAY 5, 2021

Germain Law Office PLC , an Arizona District Court denied a plaintiff’s motion for partial judgment on the pleadings in a Fair Debt Collection Practices Act case. The district court denied the plaintiff’s motion for partial judgment on the pleadings on all issues.

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Troutman Sanders

MARCH 6, 2023

A district court in the Northern District of California recently denied in part a motion for judgment on the pleadings in a case alleging violations of the Telephone Consumer Protection Act (TCPA), Fair Debt Collection Practices Act (FDCPA), and California’s Rosenthal Act involving collection texts sent to a consumer.

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Collection Industry News

OCTOBER 27, 2020

Axiom Acquisition Ventures, LLC (“Axiom”) bought Robert Valenzuela’s consumer debt from a bank after he allegedly defaulted on his personal loan payments. The post District Court Holds Letter Notifying Debtor of Change in Debt Ownership Can Fall Under FDCPA appeared first on Collection Industry News.

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Debtor Debt collector Acquisition Fair Debt Collection 40

Troutman Sanders

FEBRUARY 26, 2021

SN Servicing, LLC , a district court in the Ninth Circuit denied a defendant’s motion for summary judgment regarding the plaintiffs’ allegations that the defendant violated the Fair Debt Collection Practices Act and Oregon Unlawful Debt Collection Practices Act in its mortgage servicing activity.

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Credit Corp

DECEMBER 14, 2020

But it’s especially frustrating if your debt is several years old. 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. The simple answer is: It depends.

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Debt collector Collections Judgment Collection Agencies 98

Troutman Sanders

OCTOBER 7, 2021

a Third Circuit district court granted summary judgment to the defendants in a Fair Debt Collection Practices Act (FDCPA) case. After the Third Circuit denied the defendants’ petition to file an interlocutory appeal, the defendants ultimately prevailed on summary judgment before the district court. In Bordeaux v.

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Judgment Collections Debt collector Creditors 52

Troutman Sanders

JANUARY 18, 2022

Finding that the defendant debt collector was entitled to rely on the information provided by its client about the name of the debtor, a district court judge in Washington state granted summary judgment in favor of Puget Sound Collections, Inc. PSC) in a Fair Debt Collections Practices Act (FDCPA) case.

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Debt collector Judgment Fair Debt Collection Healthcare 52

Troutman Sanders

OCTOBER 15, 2020

Axiom Acquisition Ventures, LLC (“Axiom”) bought Robert Valenzuela’s consumer debt from a bank after he allegedly defaulted on his personal loan payments. The District Court denied Axiom’s motion, applying precedent from the U.S.

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Debtor Debt collector Acquisition Fair Debt Collection 40

Troutman Sanders

JANUARY 28, 2021

This bill modifies the limitations of certain debt collection actions enacted in Senate Bill 20-211 , most notably extending the moratorium on extraordinary collection actions from February 1, 2021 to June 1, 2021. Additionally, the notice must include very specific language — detailed in section 24-33.5-704.3(5)(a)(I)

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The Kaplan Group

OCTOBER 19, 2020

FDCPA ( Fair Debt Collection Practices Act). The Fair Debt Collection Practices Act (FDCPA) is a federal law that restricts the behavior of collection agencies when they are attempting to collect money from individuals. The law does not apply to collecting from businesses.

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Collection Industry News

AUGUST 18, 2020

Does a judicial foreclosure action constitute “debt collection activity” under the Fair Debt Collection Practices Act (“FDCPA”)? That remedy, called a deficiency judgment, is often available in judicial foreclosure proceedings. Court of Appeals for the Ninth Circuit in Barnes v. Routh Crabtree Olson, P.C.

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Foreclosure Judgment Collections Fair Debt Collection 40

Troutman Sanders

AUGUST 29, 2023

District Court for the Western District of New York granted the plaintiff’s motion for class certification for alleged violations of the Fair Debt Collections Practices Act (FDCPA) relating to an allegedly improper debt assignment notification. The default judgment was later assigned to Palisades Acquisition.

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Troutman Sanders

SEPTEMBER 15, 2020

On September 4, 2020, the Second Circuit Court of Appeals overturned summary judgment granted to a debt collector who had sent collection documents to the wrong person, ruling that it was not entitled to the bona fide error defense because it lacked procedures governing the factual mistake.

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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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Law Firms Collection Agencies Collections Agency Third-party Debt Collectors 52

Credit Corp

NOVEMBER 9, 2020

Can a collection agency report to a credit bureau without notifying you? Knowing illegal debt collection practices can help identify when you’re being treated unfairly. The Fair Debt Collection Practices Act is a federal law that protects consumers against certain unfair collection practices.

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Direct Recovery

AUGUST 1, 2024

Common examples of consumer debt collection scenarios might include a credit card company attempting to recover unpaid balances, a hospital seeking repayment for medical bills, or a mortgage lender attempting to recover delinquent mortgage payments. Should things fail to work out from there, a court judgment is usually the next step.

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Direct Recovery

JULY 31, 2024

The right debt collection agency can act as your own personal accounts receivable department tasked with tracing down delinquent accounts, contacting debtors, negotiating payments, filing for judgments, and collecting payments. However, there are certain lines that a reputable collection agency should not cross.

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Collection Agencies Collections Agency Collection Agent Third-party Debt Collectors 59

Collections Law

SEPTEMBER 11, 2023

They will also usually start with all of the same tactics that you have probably already tried: Making phone calls Sending late payment notices Attempt to persuade the debtor to pay their bills While collection agencies are persistent, their efforts often approach a level of harassment.

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Mechanic’s Liens Collections Commercial Collection Collection Agencies 52

Troutman Sanders

AUGUST 30, 2021

17, 2021), the Tenth Circuit affirmed summary judgement in favor of the plaintiff in a claim under the Fair Debt Collections Practices Act (FDCPA), finding that the defendant debt collector failed to present sufficient evidence to establish a bona fide error defense. In Lupia v. Medicredit, Inc. , 20-1294 (10th Cir.

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Retrieval Debtor Fair Debt Collection Judgment 52

Sawin & Shea

SEPTEMBER 27, 2023

Chapter 7 is also known as liquidation bankruptcy because in exchange for receiving a discharge of most kinds of debts, the debtor has to give up non-exempt assets. The money earned from these sales then goes to the creditors and any remaining balances on the debts are discharged.

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Chapter 7 bankruptcy Bankruptcy Debt collector Debtor 52

Troutman Sanders

JULY 31, 2020

The Middle District of Pennsylvania recently held that including line items for interest and fees in a debt collection letter when no interest or fees are sought does not violate the Fair Debt Collections Practices Act (“FDCPA”). In Reyes v. Associated Credit Servs. , 1:19-CV-01670 (M.D.

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Collections Fair Debt Collection Debtor Judgment 52

FFGN COLLECT NY

MARCH 10, 2023

Legal Requirements The legal requirements for collecting consumer debt and commercial debt in New York State differ significantly. Consumer Debt: The Fair Debt Collection Practices Act (FDCPA) regulates consumer debt. Generally, the requirements are as follows.

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Credit Management Company

AUGUST 9, 2022

While many consumers are able to manage their debt load and stay current on their accounts, many businesses are finding themselves with uncollected debt and no proven collection strategy. Before you can collect on any debt, you need to validate the debt in accordance with the Fair Debt Collection Practices Act.

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Debt collector Debtor Fair Debt Collection Original Creditor 52

Troutman Sanders

NOVEMBER 8, 2023

Last week, a district court in Nevada held that an undated, model form debt validation notice does not violate the Fair Debt Collection Practices Act (FDCPA). the defendant sent a debt validation letter to the plaintiff that followed the model form provided by the Consumer Financial Protection Bureau (CFPB).

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Debt collector Debtor Fair Debt Collection Education 52

Collection Industry News

SEPTEMBER 23, 2020

Court of Appeals for the Second Circuit recently held that a debt collector did not violate the federal Fair Debt Collection Practices Act (FDCPA) where it unintentionally sent a valid debt collection communication to a non-debtor. Wagner” because the collection firm “believe[d] there is a William J.

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Debtor Debt collector Judgment Retrieval 40

Troutman Sanders

FEBRUARY 27, 2023

district court judge in the Western District of New York ended a class action lawsuit by holding that communications between attorneys are not actionable under the Fair Debt Collection Practices Act (FDCPA). After lengthy discovery and litigation, a U.S. In dicta in Kropelnicki v. Siegel , 290 F.3d 3d 118 (2d Cir.

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Foreclosure Fair Debt Collection Debt collector Debtor 52

Troutman Sanders

NOVEMBER 1, 2021

28, 2021) , plaintiff Roberta Bordeaux, on behalf of herself and a class of similarly situated persons, asserted that defendant debt collector LTD Financial Services LP (LTD) violated the Fair Debt Collection Practices Act (FDCPA) by sending collection letters, referencing potential tax reporting consequences of accepting a debt settlement.

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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.” Debtor brought suit under 15 U.S.C. The parties stipulated as to remedy, and the trial court entered final judgment awarding Debtor statutory damages plus attorney’s and filing fees.

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Direct Recovery

APRIL 18, 2023

In most cases, some qualifications and credentials will be required to distinguish that you are working with a reputable collection agent. Reasons Businesses Hire Debt Collectors Most businesses that hire commercial debt collectors do so to pursue non-payment of invoices and outstanding balances.

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