Account Recovery

MARCH 11, 2024

A District Court judge in Missouri has granted a plaintiff’s motion for summary judgment that the defendant violated the Fair Debt Collection 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 (..)

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Account Recovery

MARCH 19, 2021

Judge Grants MSJ for Plaintiff Over Status of Debt; Toomey Blocks Anti-Garnishment Law appeared first on AccountsRecovery.net.

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Account Recovery

AUGUST 16, 2024

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

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Account Recovery

AUGUST 16, 2024

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

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Account Recovery

SEPTEMBER 24, 2024

The Fourth Circuit Court of Appeals has affirmed a District Court’s dismissal of a lawsuit filed under the Fair Debt Collection 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.

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Account Recovery

FEBRUARY 8, 2024

A District Court judge in North Carolina has granted a defendant’s motion to dismiss a Fair Debt Collection 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 (..)

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Account Recovery

AUGUST 26, 2024

Judge Dismisses Remaining FDCPA Claim in BK Case A District Court judge in Illinois has dismissed the remaining claim in a Fair Debt Collection 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.

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Account Recovery

JUNE 23, 2021

A copy of the … The post WDNY Judge Grants Motion to Compel in FDCPA Case Over Alleged False Statements appeared first on AccountsRecovery.net.

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Nexa Collect

JUNE 21, 2023

If you ignore this or fail to defend yourself in court, a default judgment may be issued against you. This can lead to wage garnishment, bank levies, or liens against your property. It’s also important to know your rights under the relevant laws, such as the Fair Debt Collection Practices Act (FDCPA) in the United States.

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Credit Corp

JUNE 14, 2020

Zombie Debts and Judgments. 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.

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Debt Free Colorado

FEBRUARY 21, 2022

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 Fair Debt Collection Practices Act (FDCPA) protects all states. What is the Federal Fair Debt Collection Practices Act (FDCPA)?

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Consumer Financial Services Law

OCTOBER 12, 2016

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).

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Credit Corp

MARCH 12, 2025

Table of contents: Respond to the lawsuit Make the debt collector prove their case Ways to deescalate Consider defense Options File a motion to compel arbitration Step 1: Respond to the Lawsuit Although it may be tempting, do not ignore the “ Summons and Complaint ” document.

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The Kaplan Group

OCTOBER 19, 2020

FDCPA ( Fair Debt Collection Practices Act). The Fair Debt Collection Practices Act (FDCPA) is a federal law that restricts the behavior of collection agencies when they are attempting to collect money from individuals. A judgment is the official result of a lawsuit in court.

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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.” The parties stipulated as to remedy, and the trial court entered final judgment awarding Debtor statutory damages plus attorney’s and filing fees. Source- site. Creditor appealed.

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Credit Corp

NOVEMBER 9, 2020

Can a collection agency report to a credit bureau without notifying you? Knowing illegal debt collection practices can help identify when you’re being treated unfairly. The Fair Debt Collection Practices Act is a federal law that protects consumers against certain unfair collection practices.

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Troutman Sanders

JULY 28, 2020

July 15, 2020) , United States District Judge Barbara Jacobs Rothstein held that the defendants did not violate the Fair Debt Collection Practices Act (“FDCPA”) by failing to follow state procedural rules in obtaining a writ of garnishment as part of a debt collection action. The appropriate remedy?

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Troutman Sanders

AUGUST 29, 2023

District Court for the Western District of New York granted the plaintiff’s motion for class certification for alleged violations of the Fair Debt Collections Practices Act (FDCPA) relating to an allegedly improper debt assignment notification. The default judgment was later assigned to Palisades Acquisition.

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Troutman Sanders

SEPTEMBER 23, 2021

The Rodenburg Law Firm (Rodenburg), whose primary business is debt collection, held a Commercial Umbrella Liability Policy with The Cincinnati Insurance Company (Cincinnati Insurance) that obligated Cincinnati Insurance to indemnify Rodenburg for liability to third parties for certain defined injuries. 20-2521 (8th Cir.

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Credit Corp

DECEMBER 14, 2020

This is because they know that most borrowers who are sued for old debts won’t show up in court, and the judge will issue a default judgment. Judgments may give collectors additional collection powers, such as access to the money a debtor has in his or her bank account or the ability to garnish wages to collect the judgment.

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Troutman Sanders

DECEMBER 30, 2022

FIA Card Services, NA (FIA) obtained a default judgment in a collection action against Jerome Redman in West Virginia state court. FIA, through its counsel Javitch Block LLC (Javitch), then filed a wage garnishment action against Redman to collect the judgment. 1692 et seq.

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Troutman Sanders

JANUARY 28, 2021

This bill modifies the limitations of certain debt collection actions enacted in Senate Bill 20-211 , most notably extending the moratorium on extraordinary collection actions from February 1, 2021 to June 1, 2021. Additionally, the notice must include very specific language — detailed in section 24-33.5-704.3(5)(a)(I)

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Better Credit Blog

APRIL 1, 2022

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.

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Better Credit Blog

APRIL 3, 2022

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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Collection Industry News

NOVEMBER 2, 2020

Mario Barboza was a resident of Collin County, Texas when Pharia, LLC, successor in interest to defendant Pallida LLC, filed a collections action in 2010 in Denton County, Texas to recover the balance due on Barboza’s credit card. In early 2011, a default judgment was obtained against Barboza. Barboza), thus 1692i(a) did not apply.

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Troutman Sanders

OCTOBER 28, 2020

Mario Barboza was a resident of Collin County, Texas when Pharia, LLC, successor in interest to defendant Pallida LLC, filed a collections action in 2010 in Denton County, Texas to recover the balance due on Barboza’s credit card. In early 2011, a default judgment was obtained against Barboza. Barboza), thus 1692i(a) did not apply.

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Troutman Sanders

APRIL 13, 2021

On April 6, the Consumer Financial Protection Bureau (CFPB) issued a consent order against California-based debt collector Yorba Capital Management LLC and its sole owner Daniel Portilla, Jr. for violating the Consumer Financial Protection Act and the Fair Debt Collection Practices Act.

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Credit Corp

AUGUST 31, 2021

If they do this knowing that the debt is past the statute of limitations, they may have violated the Fair Debt Collections Practices Act. But they also know that most borrowers who are sued for old debts won’t show up in court, and the judge will issue a default judgment. Always respond to legal summons.

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Debt Free Colorado

APRIL 1, 2021

Also, it’s a violation of the Fair Debt Collection Practices Act (FDCPA) for a third party debt collector to disclose information about your debts to others. You can’t garnish wages because you don’t have a judgment. Anyone in a law firm understands how to use BCC.

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Troutman Sanders

JUNE 30, 2021

Columbia Debt Recovery , a Washington district court awarded each plaintiff $30,000 in emotional distress damages under the Fair Debt Collection Practices Act (FDCPA), $120 in treble actual damages under the Washington Collection Agency Act (WCAA) and the Washington Consumer Protection Act (WCPA), and $2,000 in statutory damages under the FDCPA.

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Collection Industry News

JUNE 16, 2023

When it comes to commercial debt collection, the regulatory framework differs from consumer debt collection. Each state may have its own statutes and regulations that dictate the procedures and practices for collecting commercial debts. This involves filing a lawsuit and seeking a judgment from a court.

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Direct Recovery

APRIL 18, 2023

The commercial debt collection process typically involves everything from communicating with debtors about the amounts owed and negotiating payment terms to pursuing legal action and obtaining a judgment against a debtor and garnishing their wages. In most cases, they do not apply to business debts.

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Collection Industry News

SEPTEMBER 23, 2020

Default Judgments in Debt Collection Cases. Many consumers who are sued for outstanding debts do nothing, and that is generally a big mistake. The survey data showed that more than 70% of debt collection suits ended in default judgments. That is 20 years! Finding flaws in the claim.

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Debt RR

AUGUST 3, 2020

Depending on the nature of the debt and how communicative the debtor is (or isn’t), commercial debt collectors can employ other tactics like investigating other debt and performing a skip trace on the owner to establish contact. This could lead to bank account garnishment.

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Sawin & Shea

SEPTEMBER 27, 2023

In some cases, debt collectors may take legal action by filing a lawsuit against you to obtain a court judgment. If the court grants a judgment in favor of the creditor, they have additional collection options, such as wage garnishment, bank account levies, or placing liens on the debtor’s property.

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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. New regulations, such as the implementation of the Consumer Financial Protection Bureau (CFPB) in the United States, aim to ensure fair debt collection practices and enhance consumer rights.

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Troutman Sanders

DECEMBER 20, 2022

On December 15, the Office of the Comptroller of the Currency, along with the Federal Financial Institutions Examination Council, released revised procedures for how its examiners will investigate financial institutions for Fair Debt Collection Practices Act compliance, incorporating Regulation F changes into their review.

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