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Judge Denies Competing MSJs in FDCPA Case Over Garnishment

Account Recovery

A District Court judge in New York has denied motions for summary judgment filed by the plaintiff and the defendant in a Fair Debt Collection 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. […]

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Judge Grants MSJ for Plaintiff in FDCPA Case Over Garnishment Order

Account Recovery

A District Court judge in Florida has granted a plaintiff’s motion for summary judgment in a Fair Debt Collection 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.

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Appeals Court Upholds Dismissal of FDCPA Suit Over Garnishment

Account Recovery

The Court of Appeals for the Ninth Circuit has upheld the dismissal of a Fair Debt Collection 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 (..)

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Appeals Court Upholds Ruling For Plaintiff in FDCPA Case Over Garnishment Jurisdiction

Account Recovery

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 Fair Debt Collection Practices Act by obtaining a writ of garnishment in the wrong jurisdiction. A copy of the ruling in the case of Thompson v.

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Judge Denies MTD in FDCPA Case Over Garnishment SOL

Account Recovery

A District Court judge in Texas has denied a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection 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 … (..)

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Daily Digest – December 9. Class Action Accuses Defendant of Not Including SOL Disclosure; Judge Grants TRO Blocking Arizona Garnishment Law

Account Recovery

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.

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Judge Dismisses FDCPA Case Over SOL on Judgment

Account Recovery

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.

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