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A District Court judge in New York has denied motions for summary judgment filed by the plaintiff and the defendant in a FairDebtCollection Practices Act case over the garnishment of a bank account that may have included funds that were exempt seeking to pay a rental debt from more than two decades ago. […]
A District Court judge in Florida has granted a plaintiff’s motion for summary judgment in a FairDebtCollection Practices Act case, ruling that a collection law firm used an invalid garnishment order to collect on the subject debt. The decision, issued by Judge William F.
The Court of Appeals for the Ninth Circuit has upheld the dismissal of a FairDebtCollection Practices Act case in which a defendant was accused of violating the statute by garnishing the plaintiff’s wages to enforce a nonfinal judgment, ruling that alleging a violation of Washington’s state garnishment law is not a de facto … The (..)
The Court of Appeals for the Sixth Circuit has affirmed a lower court’s ruling in favor of a plaintiff who accused a collection law firm of violating the FairDebtCollection Practices Act by obtaining a writ of garnishment in the wrong jurisdiction. A copy of the ruling in the case of Thompson v.
A District Court judge in Texas has denied a defendant’s motion to dismiss after it was sued for violating the FairDebtCollection Practices Act, ruling that a garnishment action taken eight years after a default judgment was awarded is not subject to the law’s one year statute of limitations when the underlying default judgment … (..)
Class Action Accuses Defendant of Not Including SOL Disclosure; Judge Grants TRO Blocking Arizona Garnishment Law first appeared on AccountsRecovery.net. Class Action Accuses Defendant of Not Including SOL Disclosure; Judge Grants TRO Blocking Arizona Garnishment Law first appeared on AccountsRecovery.net.
Today’s webinar just happens to be on the topic of legal collections (register here) so it’s entirely timely to write about a court ruling involving a judgment. The background: The plaintiff alleged that the defendant violated the FDCPA by failing to notify him that the debt in question was time-barred. Learn more.
Announces Phased Restart to Garnishments appeared first on AccountsRecovery.net. Judge Grants MSJ for Defendant in FDCPA Vicarious Liability Case; N.M.
The post Judge Grants Judgment for Defendant in FDCPA Case Over Garnishment from Joint Bank Account appeared first on AccountsRecovery.net. The post Judge Grants Judgment for Defendant in FDCPA Case Over Garnishment from Joint Bank Account appeared first on AccountsRecovery.net.
A collection attorney in New York is facing a class-action lawsuit for allegedly violating the FairDebtCollection Practices Act and state law when attempting to collect on judgments owed to a bankrupt for-profit university. Learn more.
A District Court judge in Washington has partially granted a defendant’s motion to dismiss, but denied the motion related to claims the defendant allegedly violated the FairDebtCollection Practices Act when it mistakenly sent two letters to the plaintiff informing him that a writ of garnishment had been entered against him, one of which … (..)
APPEALS COURT UPHOLDS RULING FOR PLAINTIFF IN FDCPA CASE OVER GARNISHMENT JURISDICTION The Court of Appeals for the Sixth Circuit has affirmed a lower court’s ruling in favor of a plaintiff who accused a collection law firm of violating the FairDebtCollection Practices Act by obtaining a writ of garnishment in the wrong jurisdiction.
Second, the FTC claims they violated the FairDebtCollection Practices Act by failing to disclose that they were acting as debt collectors and by making threats arrest, property liens, and wage garnishment that they could not legally enforce.
A District Court judge in New York has denied a defendant’s motion to stay discovery pending the outcome of its motion to dismiss a FairDebtCollection Practices Act case after it was sued for allegedly garnishing the wages of the wrong individual.
A District Court judge in Missouri has granted a plaintiff’s motion for summary judgment that the defendant violated the FairDebtCollection Practices Act by “significantly overstating” how much the plaintiff owed when garnishing her wages in attempting to collect on a judgment in had obtained, but did grant the defendant’s (..)
A District Court judge in Arizona has granted a defendant’s motion for summary judgment in a FairDebtCollection Practices Act case, ruling that it is entitled to the statute’s bona fide error defense after garnishing a bank account where Social Security payments were deposited to satisfy a judgment.
A District Court judge in Arizona has granted a defendant’s motion for summary judgment in a FairDebtCollection Practices Act case, ruling that it is entitled to the statute’s bona fide error defense after garnishing a bank account where Social Security payments were deposited to satisfy a judgment.
A District Court judge in Connecticut has granted a motion to dismiss filed by a collection agency, a student loan servicer, and the plaintiff’s employer for allegedly violating the FairDebtCollection Practices Act by attempting to garnish the plaintiff’s wages, because the statute of limitations on filing a claim had passed when the (..)
These new laws, set to take effect in 2025, will reshape how medical debt is reported, expand consumer protections, and alter the landscape for commercial debtcollection.
A District Court judge in North Carolina has granted a defendant’s motion to dismiss a FairDebtCollection Practices Act case, ruling that the plaintiff failed to state a claim after accusing the defendant of violating the statute by sending a collection summons and complaint to an incorrect address, obtaining a default judgment, and garnishing (..)
The Fourth Circuit Court of Appeals has affirmed a District Court’s dismissal of a lawsuit filed under the FairDebtCollection Practices Ac. The plaintiff claimed that a debt collector violated the FDCPA by improperly serving a summons and complaint to the wrong address, obtaining a default judgment, and garnishing her wages.
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.
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.
This can lead to wage garnishment, bank levies, or liens against your property. Wage Garnishment and Asset Seizure : If a judgment is entered against you, the creditor may be able to garnish your wages, levy your bank accounts, or place liens on your property, depending on the laws in your jurisdiction.
The agency will then take over the task of contacting the borrower and attempting to collect on the debt. Note that throughout this process, lenders must abide by the laws and regulations governing debtcollection in their jurisdiction.
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 FairDebtCollection Practices Act (FDCPA) protects all states. What is the Federal FairDebtCollection Practices Act (FDCPA)?
The Eleventh Circuit recently joined the First and Eighth Circuits in concluding that the FDCPA’s venue provision does not apply to post-judgment garnishment proceedings. Post judgment, the law firm filed a garnishment proceeding against the consumer’s bank seeking to collect on the judgment. 1692i(a)(2). Ray, CITE. “[A]s
The company’s collectors call consumers out of the blue and threaten them with arrest, wage garnishment, and lawsuits if they don’t pay a supposed debt. According to the complaint, however, the debts GCI is attempting to collect either don’t exist at all or are not debts GCI can legally collect.
Avoidance or Ignorance : Some individuals may choose to ignore collection letters, either because they feel overwhelmed and don’t know how to deal with them, or because they believe the debt is not valid. Ignoring the letters can have further consequences, such as lawsuits and garnishments.
Negative Impact on Credit Score : If the debt is not paid, the debt collector might report the delinquency to credit bureaus, which can have a negative impact on the debtor’s credit score. Loss of Privacy : Frequent calls from debt collectors can feel intrusive and may lead to a sense of loss of privacy.
Can a collection agency report to a credit bureau without notifying you? Knowing illegal debtcollection practices can help identify when you’re being treated unfairly. The FairDebtCollection Practices Act is a federal law that protects consumers against certain unfair collection practices.
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.” 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.” A copy of the opinion in Ojogwu v. See § 1692k.
Regardless of what a debt collector might tell you, you have a lot of rights when it comes to how debt can be collected. In fact, merely mentioning that you understand your rights will, many times, stop debt collectors in their tracks. Your rights come from the FairDebtCollection Practices Act (FDCPA).
If the original creditor went to court and obtained a judgment against you for a debt, the zombie debt cycle can be more complicated. First, judgments provide the creditor with the legal means to collect via actions such as wage garnishments or bank account liens. Why Is Zombie Debt Such a Problem?
You probably don’t want a debt collector to call when you’re at home, spending a holiday with friends and family. The good news is there are protections in place to eliminate abusive and unfair debtcollection practices. But that’s not always the case. You might face negative consequences for ignoring these calls. .
FDCPA ( FairDebtCollection Practices Act). The FairDebtCollection Practices Act (FDCPA) is a federal law that restricts the behavior of collection agencies when they are attempting to collect money from individuals. You can learn more about involving the courts in debtcollection here.
This is called zombie debt. It comes from debt collectors and purchasers who try to twist the rules in their favor convince you to pay. The FDCPA Doesn’t Always Stop Zombie Debt. Zombie Debt is Often an Idle Threat. But if it’s an extremely old debt, those things are unlikely to happen.
Know How to Stop Creditor Harassment & Wage GarnishmentDebt can be a heavy burden. Creditor harassment is any aggressive or threatening communication from a debt collector. Wage garnishment is a legal procedure where a creditor obtains a court order to withhold part of your earnings from your paycheck to repay a debt.
The term call baiting may seem self-explanatorybaiting a debt recovery professional during a phone call. This can be a FairDebtCollection Practices Act violation, or violation of other laws or regulations which pertain to debt collectors. Are you going to garnish my wages? Why Do People Call Bait?
Numerous complaints state the company left over 25 voicemails on one customer’s phone alone in an attempt to collect a debt. Other complaints claim TSI threatened wage garnishment or property seizure, both of which they could not do. Debt Validation. Do not be fooled and simply know your rights. and after 9:00 P.M.
If you’re hearing from this Norfolk, Virginia-based collection agency, you owe the agency money, and it has a strong incentive to collect on your debt. When you hear from Portfolio Recovery (or any other debt collector), let the agency know that you know your rights. Make Them Prove the Debt is Yours.
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