Collections Law

DECEMBER 10, 2021

Even once you have a judgment in hand, many debtors still do not pay willingly. One type of asset may be the debtor’s own accounts receivables. If a third party owes them money, you may be able to reach across to that third party and apply their debt to your judgment. You have a legitimate claim against the debtor.

Judgment 52

Judgment Collections Debtor Commercial Collection 52

FFGN COLLECT NY

SEPTEMBER 8, 2022

Let’s say your company has a corporate debtor that owes your company a sizable debt. You are concerned that the debtor is in poor financial condition, and that by the time a lawsuit commences and a judgment is obtained, the debtor will not have any assets available to satisfy the outstanding debt.

Debtor 52

Debtor Unsecured Creditor Judgment Creditors 52

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.

Garnishment 52

Garnishment Banks Collections Judgment 52

Collections Law

MAY 12, 2022

The benefits of a judgment At Law Offices of Alan M. Cohen LLC, we generally recommend our clients pursue a judgment to secure their debts sooner rather than later. Once you have a judgment in hand, you will have at least 20 years to collect. A judgment also puts you in line for payment if your debtor files for bankruptcy.

Collections 52

Collections Judgment Debtor Commercial Collection 52

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.

Collections 52

Collections Debtor Debt Recovery Collection Agencies 52

FFGN COLLECT NY

APRIL 21, 2022

Absent a sense of urgency, most creditors want to start with a demand to see if the debtor will respond. A written demand can be sent via email (depending on whether the debtor is commercial or consumer), by fax, mail, or hand delivery. Demand should include additional outreach to the debtor so that messages can’t get lost.

Creditors 52

Creditors Collections Debtor Judgment 52

FFGN COLLECT NY

DECEMBER 9, 2020

The media has brought attention to debt collection firms that have failed to deliver proper notice of debt collection actions to debtors. The result of these investigations highlights the judgments entered without cause and disciplinary actions against the firms for failing to deliver solid service of the court documents.

Collections 40

Collections Judgment Debtor Judgment Enforcement 40

Financial Forensic Services

SEPTEMBER 19, 2021

History of the Judgment Enforcement Problem. 80 percent of the civil money judgments in the United States are never collected. Note: when drafting the judgment language for the judge’s signature, many attorneys stop with “legal fees.” when you win, the court awards you the money judgment and the defendant has to pay.

Judgment Enforcement 52

Judgment Enforcement Judgment Debtor Creditor's Rights 52

Consumer Financial Services Law

MARCH 23, 2021

District Court for the Eastern District of New York recently denied cross-motions for summary judgment on a debtor’s claim that a law firm’s validation notice constituted a meaningful attorney involvement violation of the FDCPA. Solovyova v. Grossman & Karaszewski PLLC , No. 19-CV-2996, 2021 U.S. LEXIS 27837, at *19–21 (E.D.N.Y.

Law Firms 40

Law Firms Debtor Judgment Debt collector 40

PBWT

MARCH 2, 2021

There are only a handful of examples, and for many debtors it is not an option. Even a small minority of dissenting holders could have jeopardized the Debtors’ plans: valuation fights and disputes over feasibility, to give just two examples among dozens of possible hurdles, are unlikely to be resolved on such an accelerated timeline.

Bankruptcy 65

Bankruptcy Debtor Creditors Trade 65

ABI

JANUARY 12, 2022

Section 524(g) of title 11 of the United States Code (the “Bankruptcy Code”) allows a debtor in a Chapter 11 case to establish a trust for the purpose of settling personal injury claims against the debtor based on exposure to asbestos-containing products. [1] American Bankruptcy Institute Law Review Staff. . 1] In Darden v.

Bankruptcy 40

Bankruptcy Debtor Judgment Creditors 40

PBWT

FEBRUARY 1, 2021

Ruling on plaintiff-debtor Southland Royalty Company LLC’s motion for partial summary judgment, Judge Owens found that Halliburton did not obtain a lien on Southland’s production of oil, natural gas, or their proceeds. 2017) (“Pennsylvania [mechanic’s] liens relate back, and New Jersey liens do not.”).

Bankruptcy 59

Bankruptcy Construction Debtor Acquisition 59

FDCPA Defense

APRIL 17, 2019

The attorney gets to decide, in consultation with the client, and based on the attorney’s professional judgment, what to review and how long to review it before sending a demand letter. 1993), a collection agency sent letters to “approximately one million debtors each year” using a computerized mass-mailing system, on letterhead listing “P.D.

Lawyers 40

Lawyers Creditor's Rights Law Firms Creditors 40

FDCPA Defense

MARCH 23, 2015

Judgment Enforcement Law Firm, PLLC , 2014 WL 1744268, **3-4 (W.D. 30, 2014) (section 1692f(8) violated by use of name “Judgment Enforcement Law Firm” on envelope); Rutyna v. Courts have held that collectors may violate section 1692f(8) simply by placing their own name on the envelope. See, e.g., Keasey v. 980, 982 (N.D. 1298, 1305 (D.

Judgment Enforcement 40

Judgment Enforcement Debtor Law Firms Debt collector 40

The McHughes Law Firm

JUNE 22, 2016

A guarantee of payment is a far more effective tool , as it allows a creditor to proceed directly against the guarantor without the necessity of taking any action against the primary obligor [debtor]. Therefore, when drafting a personal guarantee, a creditor should specify that the guarantee is one of payment.

Commercial Collection 40

Commercial Collection Collections Creditors Credit Management 40

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.

Judgment 40

Judgment Debtor Government 40

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.

Judgment 40

Judgment Debtor Government 40

FDCPA Defense

JANUARY 28, 2012

Even someone who is a “debt collector” under the statute must engage in some sort of prohibited conduct with respect to the debtor in order to be directly, as opposed to vicariously, liable under the FDCPA. Margelefsky, LLC , 518 F.3d 3d 433, 437-38 (6th Cir. Capital Credit & Collection Servs., 3d 1162, 1173 (9th Cir. See, e.g., Cassady v.

Debt collector 40

Debt collector Retrieval Original Creditor Creditors 40

Troutman Sanders

OCTOBER 16, 2023

In its amicus brief, NASAA pushed back on Coinbase’s motion for judgment on the pleadings, which sought to dismiss the SEC’s case with a ruling that Coinbase has not listed investment contracts based on the existing facts. For more information, click here. On October 8, AB1119 was signed by Newsom. For more information, click here.

Financial services 52

Financial services Student Loans Student loans Credit Unions 52