Direct Recovery

APRIL 16, 2023

Wage garnishments are the ultimate threat posed by every debt collection scenario, but finding yourself on the wrong end of one doesn’t have to be a financial death sentence. Wage garnishments are put into place to recover unpaid taxes, outstanding child support, student loans, court judgments, or unpaid bills.

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Account Recovery

AUGUST 26, 2024

WHAT THIS MEANS, FROM STACY RODRIGUEZ OF ACTUATE LAW: After a collection law firm garnished an Arizona judgment debtor’s bank account, the debtor raised FDCPA claims alleging that all funds in the account were social security benefits and, thus, exempt from garnishment. More details here.

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Jimerson Firm

JANUARY 26, 2023

When a judgment creditor in Florida attempts to collect on a judgment involving an individual, one mechanism for doing so is through a garnishment action of the judgment debtor’s bank account. Florida has a statutory garnishment process that judgment creditors must follow. See Florida Statute Chapter 77. Urvan, LLC.

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Direct Recovery

JUNE 24, 2020

Like many other consumer-focused states, California has put a number of different protections in place that forbid debt collectors from garnishing those valuable stimulus checks. In a situation where a standing judgment exists, it is possible for the person holding that judgment to garnish a portion of the debtor’s stimulus check.

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Nexa Collect

JANUARY 19, 2022

If the debtor is not traceable or unresponsive, a collection agency can file a lawsuit and if you do not respond in the court on time, it can result in a default judgment against you. Repercussions can include wage garnishment, frozen bank account and other assets. Not every case lands in court.

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Collections Law

OCTOBER 5, 2020

Cohen LLC is the answer to one of the most challenging aspects of running a business — tracking down delinquent debtors who refuse to pay. Debtors will try any way they possibly can to retain higher valued items and shield those assets from a possible litigation. The How’s and Why’s of Garnishments.

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FFGN COLLECT NY

JUNE 3, 2020

With both consumers and small businesses receiving funds from the Paycheck Protection Program (PPP) and CARES Act, questions have come up as to whether these amounts can be frozen or garnished by debt collectors or creditors. Is garnishing PPP or CARES Act funds an option for satisfying outstanding monies owed to judgment creditors?

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Sawin & Shea

JANUARY 11, 2024

Since 2005, a debtor education course from an approved provider is mandatory for anyone who files for bankruptcy. Debtor education classes provide customized guidance based on your unique circumstances. Since then, bankruptcy filers have been required to take both a bankruptcy credit counseling course and a debtor education course.

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Stevens Lloyd

DECEMBER 13, 2018

You have initiated a lawsuit and won a Default Judgment against the debtor. Judgments are worthless unless you can locate and garnish the debtor’s assets, however. Extracting money from judgments necessitates obtaining significant information about the debtor as it relates to their assets. So now what ?

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Collections Law

JANUARY 13, 2023

It is extremely frustrating to discover that your debtor owes other people a lot of money. If your debtor hasn’t declared bankruptcy, there are several ways we can use to try to get you paid, even if you don’t have collateral or a court judgment yet. Since your debtor isn’t in bankruptcy, we can pursue the debt aggressively.

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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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Account Recovery

DECEMBER 26, 2024

Exemption laws, which protect a debtors income and assets in the event of a judgment or collection lawsuit are in the spotlight following the release of an annual report from the National Consumer Law Center, which attempts to shed light on what the advocacy group perceives to be the inadequacies of these protections.

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The Kaplan Group

AUGUST 6, 2020

We can also garnish payments from the debtors’ customers and garnish their credit card and Paypal accounts. Typically you can get a better deal by being forthright and negotiating with your creditors prior to litigation.

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Collections Law

OCTOBER 5, 2020

Cohen LLC is the answer to one of the most challenging aspects of running a business — tracking down delinquent debtors who refuse to pay. Debtors will try any way they possibly can to retain higher valued items and shield those assets from a possible litigation. The Law Offices of Alan M. The Law Offices of Alan M.

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Collections Law

JULY 6, 2021

Cohen LLC, you will find that the process of domesticating and enforcing foreign judgments against your debtors is a much more straightforward process than one would typically expect. While many of these methods require giving notice to your debtor, there are instances where we can implement these without notice, or ex parte.

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Debt RR

AUGUST 3, 2020

This unpaid debt can lead to a serious problem for businesses: garnishment. Bank account garnishment can create serious cash flow blocks for companies of all sizes, and those cash flow problems can compound into other issues, like payroll concerns and late payments on other accounts. Can Debt Collectors Garnish Bank Accounts in Texas?

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FFGN COLLECT NY

AUGUST 12, 2021

When the usual steps, such as levying the debtor’s bank account and garnishing the debtor’s wages, result in little success recovering monies owed, the judgment may seem uncollectible. However, if the debtor is a beneficiary of a deceased New Yorker’s estate, you may be able to enforce the judgment through estate distribution.

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Consumer Financial Services Law

DECEMBER 21, 2016

The case arose from the law firm’s post judgment efforts to garnish wages. After serving a garnishment summons, the consumer claimed the funds as exempt. The defendants then made four additional attempts to garnish funds. Unifund CCR, LLC, 2016 U.S. LEXIS 168707 (Dec. The defendants moved to dismiss. Carney at * 12.

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Sawin & Shea

FEBRUARY 16, 2022

If you’re in an emergency situation such as wage garnishment, eviction, or pending repossession filing an emergency bankruptcy may be right for you. A voluntary bankruptcy petition containing the Debtors contact information and chapter designation is prepared and signed.

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Collections Law

JULY 25, 2024

Once a creditor has a judgment against a debtor, under Massachusetts law, they can ask the court to seize funds directly from a debtor’s bank account. How is a bank attachment different than garnishment? While both bank attachments and garnishments are methods of debt collection, they have significant differences.

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Public Citizen

OCTOBER 29, 2020

A new state survey from the National Consumer Law Center finds that not one jurisdiction’s laws meet basic standards so that debtors can continue to work productively to support themselves and their families. No Fresh Start 2020: Will States Let Debt Collectors Push Families into Poverty in the Wake of a Pandemic? “By

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FFGN COLLECT NY

AUGUST 11, 2021

When the usual steps, such as levying the debtor’s bank account and garnishing the debtor’s wages, result in little success recovering monies owed , the judgment may seem uncollectible. Once satisfied, funds may be distributed to the judgment debtor. How to Enforce a Judgment Through Estate Distribution.

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Jimerson Firm

NOVEMBER 8, 2023

Generally, when a creditor obtains a judgment in another state, and the judgment debtor is located in the State of Florida, or assets the judgment creditor wants to obtain are located in Florida, the judgment creditor must “domesticate” the judgment in Florida. However, such burden would be on the judgment debtor. 55.505, Fla.

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Troutman Sanders

FEBRUARY 7, 2023

At a high level, section 547(b) of the Bankruptcy Code allows a bankruptcy trustee to avoid, as preferences, many transfers made by the debtor within 90 days before the filing of the bankruptcy petition. However, the actual garnishment of the debtor’s wages (approximately $3,700) occurred within 90 days before the petition.

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Collections Law

DECEMBER 27, 2021

You want to bring in a new party You may discover that a third party owes your debtor money. In that scenario, you can request a “reach and apply injunction” to collect the money that third party owes to the debtor. This is called piercing the corporate veil.

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Sawin & Shea

MAY 26, 2021

This means a foreclosure, repossession, garnishment, or other action can continue against your spouse even after you’re freed of it through bankruptcy – but only if their name is on the debt. If you opt for Chapter 13, an automatic co-debtor stay prevents creditors from hassling either you or your spouse about shared debts.

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Troutman Sanders

JANUARY 28, 2021

As stated in Colorado law, an extraordinary collection action is an action in the nature of a garnishment, attachment, levy, or execution to collect or enforce a judgment on a debt. 5)(a)(I) — and it must be sent to the debtor’s last known address with an additional copy of the notice served with the writ of garnishment.

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The Kaplan Group

OCTOBER 19, 2020

You can learn more about FDCPA in our advice to consumer debtors. Garnishment. Garnishment is when a creditor takes part of your paycheck or money from your bank account to collect money you owe on a judgment. Garnishments generally require a court order. The law does not apply to collecting from businesses.

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Troutman Sanders

AUGUST 29, 2023

The garnished money was returned to the plaintiff, but the vacated judgment was later reinstated because the motion had been untimely. The plaintiff never repaid the garnished money. Specifically, the plaintiff argued that for an assignment of a judgment to take effect, the assignor must notify the judgment debtor of the assignment.

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Sawin & Shea

FEBRUARY 9, 2021

They’re gambling on a little-known aspect of the law that says the clock restarts when the debtor makes a payment. A zombie debt collector might say they’re going to sue you, place a lien on your property, or garnish your wages. They’re playing a financial game, betting that they’ll get you to pay. Zombie Debt is Often an Idle Threat.

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PBWT

JANUARY 19, 2021

In 2019, we began following a Circuit split regarding a secured creditor’s obligation to return collateral that it lawfully repossessed pre-petition after receiving notice of a debtor’s bankruptcy filing. ” [ii] In December, the Supreme Court granted certiorari and on Thursday adopted the minority view.

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Stevens Lloyd

AUGUST 17, 2018

If you currently have a debtor that is making excuses for non-payment or outright refusing to pay, then you might want to consider soliciting the services of a professional debt collection agency. In the past few years, there has been a rise in the number of debtors who refusing to pay monies owed. They may also send emails to them.

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Collections Law

FEBRUARY 28, 2023

Some commercial debtors just won’t pay up even when they’ve lost in court. Rule 65 injunctions prevent debtors from hiding assets. Rule 69 depositions allow us to put the debtor under oath about where their assets are and to follow the money through document discovery. Garnishing individual debtors’ wages.

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Roths Child Law

APRIL 10, 2023

One of these is when you have to file for bankruptcy immediately to avoid a foreclosure, wage garnishment or repossession Requirement for debtor education Debtor education is meant to equip you with the tools and resources necessary to better manage your finances after bankruptcy.

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Stevens Lloyd

SEPTEMBER 27, 2018

These include Writs of Execution, Bank levies, and Wage garnishments. The sheriff can essentially put a bank garnishment into effect from the debtor company’s bank or seize property. We recommend that your commercial collection attorney file with the court as soon as possible in order to effectively seize the debtor’s assets.

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FFGN COLLECT NY

NOVEMBER 30, 2022

In 2021, the allowable legal rate of interest that could be imputed on a consumer debt and added to a potential judgment against a consumer debtor was reduced from 9% to 2%. The newly passed New York State bills S6522A and A7363A add to existing measures enacted over the past two years.

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Direct Recovery

SEPTEMBER 16, 2022

However, if they are willing to show up in court with documentation, they may be able to obtain a judgment that entitles them to a percentage of the debtor’s wages. Garnish Your Wages (If They Obtain a Judgment).

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