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Appeals Court Affirms Ruling Over Default Judgment The Court of Appeals for the Eighth Circuit has upheld a ruling in favor of a defendant that was sued for violating the FairDebtCollection Practices Act, deciding that a default judgment obtained in state court is conclusive from the perspective of establishing the facts of a case.
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. Just as recent as January 2025, the NYAG secured over $1million from Ouro Global, Inc.,
Judge Dismisses Remaining FDCPA Claim in BK Case A District Court judge in Illinois has dismissed the remaining claim in a FairDebtCollection Practices Act case against a defendant, citing a lack of subject matter jurisdiction because the plaintiff lacked standing to sue. Read on to hear what the experts have to say this week.
When a debtor owes a creditor money and the creditor is seeking assistance collecting the amount owed, the creditor can either use a collectionlawfirm or a collection agency. Lawfirms and collection agencies serve the same purpose initially.
Debt collectors are notorious for harassing consumers when they seek repayment, calling excessively and threatening to take actions that may not be legal. What you may not know is that you are protected by the FairDebtCollection Practices Act (FDCPA), a law designed to keep third-party debt collectors in check when they contact you.
District Court for the Southern District of California, granting summary judgment in favor of a debt collector in a FairDebtCollections 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.
Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal FairDebtCollection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed.
If you have a lot of inaccurate collection accounts on your report, you might need help from a credit repair firm like Lexington LawFirm. But if you’re committed to a DIY approach to addressing collection items, the following steps may help you clear up your credit profile.
Whether the debts are a few hundred dollars or tens of thousands, new business debtcollection processes help countless companies recover debt in a timely manner. Myth No 3: If I Can Not Collect the Debt Myself, the Debtor Will Not Pay. 5: Debt Collectors Hound Debtors and Make Threats.
Also, others cited that Credence did not remove the collection from their credit reports after the creditor negotiated an agreement with them. The FairDebtCollection Practices Act provides several protections from collection agencies, so it is important to know your rights. Send a Debt Validation Letter.
What exactly must a collection attorney do to ensure they are “meaningfully involved” in a file before sending a collection letter to a consumer? What steps must an attorney take to be “meaningfully involved” when filing a collection lawsuit? If you have read the FairDebtCollection Practices Act, 15 U.S.C.
Rodenburg LawFirm is available at: Link to Opinion. 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. A copy of the opinion in Ojogwu v. 1692c(a)(2) of the FDCPA. Creditor appealed.
LPA (Weltman), a lawfirm tasked with collecting the debt owed by Alina Khimmat, sent information, including Khimmat’s name, address, status as debtor, details of the debt, and other personal information, to a letter vendor hired to assist the firm in collecting the debt.
Governments and regulatory bodies continually strive to strike a balance between consumer protection and enabling efficient debt recovery. New regulations, such as the implementation of the Consumer Financial Protection Bureau (CFPB) in the United States, aim to ensure fairdebtcollection practices and enhance consumer rights.
In early 2019, a garnishment action was filed by Pallida in Denton County, Texas to collect on the default judgment. 19, 2015) , which held that section 1692i of the FDCPA should be “broadly interpreted.”
In early 2019, a garnishment action was filed by Pallida in Denton County, Texas to collect on the default judgment. 19, 2015) , which held that section 1692i of the FDCPA should be “broadly interpreted.”
On December 15, 2020, the Seventh Circuit Court of Appeals decided four cases which all dealt with the issue of standing within the context of the FairDebtCollection Practices Act (“FDCPA”). In response, the HOA hired the lawfirm of Thrasher, Buschmann & Voelkel, P.C. (“TBV”).
Attorneys who regularly engage in collection work for community associations have increasingly become targets for lawsuits filed by professional consumer attorneys under the FairDebtCollection Practices Act (“FDCPA” or “the Act”), 15 U.S.C. and analogous state laws. Alexander, et al 698 F.3d 3d 290 (6th Cir.
Indeed, the “meaningful attorney involvement” theory has been embraced by the Consumer Financial Protection Bureau (“CFPB”) in its enforcement actions against large creditors’ rights lawfirms. The CFPB is expected to announce proposed debtcollection rules in the near future that may incorporate the theory. 1692, et seq.
Attorneys and other entities that regularly engage in collection work for community associations may be subject to the requirements of the FairDebtCollection Practices Act, 15 U.S.C. as well as analogous state laws governing the consumer collection process. Riexinger & Associates, LLC , 817 F.3d
Debt buyers are being sued based on the conduct of their agencies and lawfirms. Courts have recognized that shareholders, officers or employees of a corporate debt collector may not be directly liable under the FDCPA, unless the plaintiff can meet the strict requirements necessary to pierce the corporate veil.
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