Collections Law

OCTOBER 21, 2024

Every business owner should have a basic understanding of the specific statutes that govern debt collections. 106: The UCC governs commercial transactions, including the sale of goods, which can affect how debts are collected. By knowing and understanding the laws, business owners can use these laws to help them collect unpaid debts.

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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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PBWT

MARCH 28, 2023

Bartenwerfer considers whether the fraud required by this section need be the debtor’s fraud or fraud known to the debtor. The Ninth Circuit ultimately held that section 523(a)(2)(A)’s application did not depend on the debtor’s knowledge of the fraud, and so was applicable to Bartenwerfer. ” 11 U.S.C. §

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UK debt collections

JULY 18, 2022

A CCJ ratifies a debt and makes it official that the debtor owes money and it must be repaid. Whilst obtaining a County Court Judgment (CCJ) is a often a necessary step in some situations, it does not guarantee the debt will be repaid. If the debtor fails to make payment then CCJ enforcement action can be taken.

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PBWT

APRIL 2, 2021

Federal Rule of Bankruptcy Procedure 7004 governs service of process in adversary proceedings. In Ratliff , the debtors/plaintiffs had served the summons and complaint via certified mail. After the defendant failed to appear, the debtors/plaintiffs requested, and were granted, a clerk’s entry of default. 121, 122 (Bankr.

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Debt Free Colorado

FEBRUARY 21, 2022

What can debtor collectors do to you under the FDCPA: Contact other people to find out where you live, your current telephone number, or where you work, but they can’t contact anyone more than once or tell anyone you owe a debt. The CFDCPA does not apply to anyone who collects their debts or government personnel in the United States.

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FFGN COLLECT NY

MARCH 19, 2021

If you have a judgment entered in another U.S. state or territory, the methods for entering the judgment in New York are clear according to the civil rules. Constitution that judgments from U.S. Now, what if you have a judgment from Canada and wish to domesticate the judgment in New York? territory judgment.

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FFGN COLLECT NY

MARCH 19, 2021

Domesticating a foreign country judgment in New York is possible though the rules are different than domesticating a judgment entered in another U.S. If you have a judgment entered in another U.S. state or territory, the methods for entering the judgment in New York are clear according to the civil rules. territories.

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ABI

JANUARY 13, 2021

ii] In In re Penobscot Valley Hospital , a bankruptcy court in Maine found that two hospitals could legally be denied federal assistance under the PPP because they were debtors in cases under chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”). 19-10034, 2020 WL 3032939, at *6 (68 Bankr.

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PBWT

OCTOBER 30, 2022

Trustee fees chapter 11 debtors had to pay in virtually every district in the U.S. The maximum amount for large debtors increased dramatically, from $30,000 to $250,000 quarterly. Then, on October 11, 2022, the Supreme Court granted the government’s petition for certiorari in Clinton Nurseries. Fitzgerald.

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Collections Law

DECEMBER 14, 2021

Once you win your judgment case against someone who owes you money, you should be able to collect on your judgment and move on with your life. Unfortunately, many debtors do not readily pay up, even with a court order against them. Those methods often include seizing the debtor’s assets. How does asset seizure work?

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Collection Industry News

OCTOBER 27, 2020

Axiom moved for summary judgment, arguing that the letter was not a communication “in connection with the collection of a debt” subject to the FDCPA, only notice of the change in his debt’s ownership. The District Court denied Axiom’s motion, applying precedent from the U.S.

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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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Direct Recovery

AUGUST 1, 2024

The Fair Debt Collection Practices Act (FDCPA) is the key legislation that governs consumer debt collection. Should things fail to work out from there, a court judgment is usually the next step. With consumer debt collection, it is of the upmost importance to respect the debtor by following all rules and regulations.

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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. Both can send a demand letter and call the debtor to request the outstanding amount owed. Law firms and collection agencies serve the same purpose initially.

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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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Sawin & Shea

MARCH 2, 2022

The actual bankruptcy judge presiding over your case will not be present at this meeting, which helps preserve their neutrality in making a judgment about your case if there is cause for them to hear something out of the ordinary. Most Debtors in bankruptcy never have a hearing in front of the actual judge.

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PBWT

JULY 20, 2021

The Bankruptcy Code grants the power to avoid certain transactions to a bankruptcy trustee or debtor-in-possession. Plaintiff moved for summary judgment on this issue in April 2021. See, e.g., 11 U.S.C. §§ §§ 544, 547–48.

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Direct Recovery

JUNE 24, 2020

The Judgment Factor. The key determining factor in whether or not one of the $1,200 stimulus checks can be garnished is whether or not the debtor in question has an existing judgement filed against them. Let’s dive into the details and break down exactly what debt collectors can and cannot do right now.

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Collection Industry News

AUGUST 18, 2020

That additional debt-collection ingredient can be present for judicial foreclosure, provided that state law permits a creditor to recover money from the debtor after foreclosure if the property sells for less than the debt. That remedy, called a deficiency judgment, is often available in judicial foreclosure proceedings.

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The Kaplan Group

OCTOBER 19, 2020

You can learn more about FDCPA in our advice to consumer debtors. A judgment is the official result of a lawsuit in court. In debt collection lawsuits, the judge may award the creditor a judgment against you. However, certain debts owed to the government may also result in garnishment, even without a judgment.

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FFGN COLLECT NY

MAY 8, 2024

The bank violated state laws preventing banks from freezing accounts with certain government benefits like Social Security, unemployment, disability payments, and balances up to (as of April 2024) $3,425. New York allows judgment creditors to restrain bank accounts belonging to judgment debtors once a judgment is entered.

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Taurus Collect

DECEMBER 18, 2023

Clear Communication: Whether dealing with debt collection in Kent or elsewhere, maintaining transparent communication with your debtor can facilitate smoother collection processes. Types of Commercial Debt Collection Techniques to Avoid Harassment: Agencies that engage in harassing behaviour towards debtors should be avoided.

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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. A collection firm obtained a default judgment over a debtor named “William J. Wagner, Jr.”

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The Kaplan Group

APRIL 12, 2021

This could be more money, faster payments, avoiding court, or if necessary, the final outcome in court and the subsequent judgment collection process. Below is an excerpt from our free ebook, the Terms and Conditions Handbook, covers over 70 different items that should be considered for governing the vendor/customer relationship. “In

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Credit Corp

NOVEMBER 9, 2020

government or any state. Sometimes, collectors may be allowed to make a claim if they have taken the consumer to court and received a court-approved judgment. Impersonations of an attorney, law enforcement official, or government official (17%). Percentage of complaints: 11% in 2019. Percentage of complaints: 3% in 2019.

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Collection Industry News

AUGUST 18, 2020

Moreover, the Dutch courts are generally handling bankruptcy petitions and requests for pre-judgment attachment in the same way as they did before COVID-19. dissolve an agreement with the debtor. pre-judgment) attachments are lifted. Act in more detail. Article by Ben Reinders.

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Collection Industry News

DECEMBER 21, 2020

According to the Bureau’s Consent Order, the Agency began purchasing and collecting on consumer debt beginning in 2012, and hired debt collection law firms to assist in their collection efforts by suing debtors in 2014.

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Debt Free Colorado

MARCH 3, 2023

A court judgment that states that a person is not required to pay back some debts is given to those who abide by the bankruptcy laws and are granted a discharge. This type of bankruptcy enables the debtor to combine their debts, reach an agreement on a lower overall number and submit to a three-to-five-year plan for debt repayment.

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Collection Industry News

JUNE 1, 2023

Governments and regulatory bodies continually strive to strike a balance between consumer protection and enabling efficient debt recovery. These technologies enable debt collectors to automate repetitive tasks, streamline workflows, analyze data more effectively, and personalize communication with debtors.

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FFGN COLLECT NY

MARCH 11, 2021

The knock-on effect from not being able to collect has seen some that “have become debtors themselves in many instances,” according to the ABA Journal. But many government offices are closed, and the cases are piling up. “Suppliers are being hit very, very hard right now,” said Nager.

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Taurus Collect

OCTOBER 30, 2023

Understanding the art of debt collection can be a challenging task for any business, especially when the debtor refuses to pay despite many reminders. Understand Your Legal Rights Awareness of Commercial Debt Recovery laws: Primarily, you must have a thorough understanding of the laws governing commercial debt recovery in the UK.

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Collection Industry News

MARCH 23, 2021

If you notify this office in writing within THIRTY (30) days of receiving this notice that this debt, or any portion thereof, is disputed, this office will obtain verification of the debt, or a copy of a judgment against you, and mail you a copy of such verification or judgment. This timely appeal followed. 3d 413, 418 (3d Cir.

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Burr Forman

JANUARY 7, 2022

He represents various financial institutions, creditors, landlords, and other parties in all aspects of loan modifications and restructuring, commercial foreclosures, enforcement of security interests and domestic and foreign judgments, Chapter 7 and 11 bankruptcies, and creditors’ rights litigation. About Burr & Forman LLP.

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FFGN COLLECT NY

JULY 21, 2024

If you’re looking to get paid, you should know the law governing New York debt collection that applies when the customer fails to turn over the insurance monies. The objective is to use the laws that will support your claim and lead to a money judgment against the insured who failed to pay you.

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Collection Industry News

JUNE 14, 2021

The government alleged that Nocera gave his debt collectors drugs to make them more aggressive. MacKinnon has not paid on the judgment, and the Attorney General’s Office recently filed a lawsuit to seize his family’s $1.6 A judgment of $22.5 million judgment to resolve a lawsuit filed by the FTC and attorney general.

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Consumer Financial Services Law

JANUARY 22, 2021

Background The case arose from four separate chapter 13 bankruptcy cases in which the debtors sought to regain possession of their vehicles from the City of Chicago, which had seized and impounded the vehicles prepetition due to unpaid parking tickets and similar traffic fines. The case, City of Chicago v. Fulton, No. 11 U.S.C. § 11 U.S.C. §

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