Fair Debt Collection and Judgment - Creditor Collections Today

Judge Vacates Default Judgment Against Defendant in FDCPA Suit

Account Recovery

DECEMBER 9, 2022

A District Court judge in Indiana has granted a motion to vacate a default judgment that was entered against a defendant in a Fair Debt Collection Practices Act case, ruling that the plaintiff never properly served the defendant with the summons and complaint, after the defendant removed the case to federal court.

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Appeals Court Vacates Judgment for Plaintiff in FDCPA Case

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DECEMBER 15, 2020

The Court of Appeals for the Eighth Circuit has vacated a judgment in favor of a plaintiff who alleged a debt buyer violated the Fair Debt Collection Practices Act because the collection agency it used to collect on an unpaid debt contacted the plaintiff even though she was represented by an attorney — a fact … The post Appeals Court Vacates (..)

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Judge Grants MTD in FDCPA Class Action Over Judgment Renewals

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NOVEMBER 1, 2022

A District Court judge in Nevada has dismissed – with prejudice – a plaintiff’s class-action complaint that a defendant violated the Fair Debt Collection Practices Act by filing renewals for a judgment on an untimely basis, ruling that the defendant renewed the judgments within the window set forth by state law.

Judgment

Judge Sets Aside Default Judgment Against Defendant in FDCPA Case

Account Recovery

NOVEMBER 23, 2022

A District Court judge in North Carolina has granted a defendant’s motion for relief from judgment on the grounds that a default judgment obtained by the plaintiff in a Fair Debt Collection Practices Act case is void due to lack of service of process. A copy of the ruling in the case of Becvar v.

Judgment

Judge Certifies Class in FDCPA Suit Over Threat of Judgment

Account Recovery

APRIL 29, 2022

A District Court judge in Pennsylvania has certified a class action in a Fair Debt Collection Practices Act lawsuit that accused a defendant of violating the statute by mentioning in a letter that a judgment may be awarded before the expiration of a settlement offer that was being made, even though a collection lawsuit had … The post Judge Certifies (..)

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Appeals Court Upholds Ruling Denying Defendant’s Request for Relief of Judgment in FDCPA Case

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OCTOBER 22, 2021

The Court of Appeals for the Ninth Circuit has affirmed a lower court’s ruling denying a debt collector’s motion for relief from a judgment because of “gross negligence” by its attorney for failing to respond to a motion for summary judgment filed by the plaintiff in a Fair Debt Collection Practices Act lawsuit that ultimately (..)

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Judge Grants Defendant’s Motion for Judgment in FCRA, FDCPA Case

Account Recovery

NOVEMBER 12, 2021

Is it possible for an individual to sue a debt collector for violating the Fair Credit Reporting Act and Fair Debt Collection Practices Act for allegedly attempting to collect a debt that the individual believes he did not owe, when the individual took no action against the original creditor for placing the allegedly illegitimate debt … The post (..)

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Judge Grants Defendant’s Motion for Judgment on Pleadings in ‘Imposter’ Case

Account Recovery

SEPTEMBER 16, 2021

A District Court judge has granted a defendant’s motion for judgment on the pleadings after it was sued by a brother and sister for allegedly violating the Fair Debt Collection Practices Act by discussing the sister’s debt with the brother, but only after the brother used the sister’s personal information — the last four digits (..)

Judgment

Judge Grants Summary Judgment for Defendant in FDCPA Case Over Multiple Addresses on Payment Coupon

Account Recovery

MARCH 15, 2022

In a case that was defended by Rick Perr and Monica Littman of Kaufman Dolowich & Voluck, a District Court judge in New York has granted a defendant’s motion for summary judgment in a class-action Fair Debt Collection Practices Act case, ruling the plaintiff lacked standing to sue because he did not suffer a concrete … The post Judge (..)

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Judge Grants Motion for Judgment in Favor of Defendant Over Interest Disclosure, Settlement Offer Expiration in Letter

Account Recovery

APRIL 11, 2022

In a case that was defended by the team at Malone Frost Martin, a District Court judge has granted a defendant’s motion for judgment on the pleadings in a Fair Debt Collection Practices class action after alleging that the amount owed listed in a collection letter was lower than it should have been and that … The post Judge Grants Motion (..)

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Appeals Court Vacates Summary Judgment Award in FDCPA Case, Dismisses for Lack of Standing Instead

Account Recovery

OCTOBER 7, 2024

The background: The plaintiff, a former tenant, filed the lawsuit against after receiving a letter from the defendant offering to settle her outstanding rent debt for roughly half the amount owed.

Judgment

Daily Digest – April 5. Judge Rules Subrogation Claim Not a ‘Debt’; CUs Sue N.Y. Over Post-Judgment Interest Law

Account Recovery

APRIL 5, 2022

Judge Rules Subrogation Claim Not a ‘Debt’; CUs Sue N.Y. Over Post-Judgment Interest Law appeared first on AccountsRecovery.net.

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Daily Digest – November 12. Judge Grants Defendant’s Motion for Judgment in FDCPA, FCRA Case; Hunstein Defendant Asks for Extension

Account Recovery

NOVEMBER 12, 2021

Judge Grants Defendant’s Motion for Judgment in FDCPA, FCRA Case; Hunstein Defendant Asks for Extension appeared first on AccountsRecovery.net.

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Judge Vacates Default Judgment Against Defendant in FDCPA Case

Account Recovery

NOVEMBER 20, 2024

A District Court judge in Ohio has granted a defendant’s motion to vacate an entry of default that was filed against it in a Fair Debt Collection Practices Act case, ruling that the defendant’s failure to respond to the plaintiff’s complaint did not constitute culpable conduct and that the case should be decided on its merits.

Judgment

Judge Partially Grants MTD in FDCPA Case Over ‘Improper’ Default Judgment Motion in Underlying Collection Suit

Account Recovery

MAY 17, 2022

A District Court judge in Kentucky has partially granted and partially denied a collection attorney’s motion to dismiss a Fair Debt Collection Practices Act lawsuit, ruling that the attorney’s motion for default judgment in an underlying collection case was “improper” because the plaintiff had filed a response to the suit.

Judgment

Daily Digest – December 28. Judge Grants MTD in FDCPA Case Over MVN; NCLC Grades States on Judgment Protections

Account Recovery

DECEMBER 28, 2022

JUDGE GRANTS MTD IN FDCPA CASE OVER LACK OF INTEREST DISCLOSURE ON MVN We were so close to what I think would have been our first ruling on the safe harbor of using the Model Validation Notice, but a District Court judge in Utah ruled a plaintiff lacked standing to pursue his Fair Debt Collection … The post Daily Digest – December 28.

Judgment

Judge Grants Motion to Set Aside Default Judgment in FDCPA, FCRA Case Over Complaint Sent to Empty Office

Account Recovery

JANUARY 23, 2023

The post Judge Grants Motion to Set Aside Default Judgment in FDCPA, FCRA Case Over Complaint Sent to Empty Office appeared first on AccountsRecovery.net.

Judgment

Judge Grants MSJ for Defendant in FDCPA Case Over Whether Plaintiff Disputed Debt

Account Recovery

FEBRUARY 27, 2025

A District Court judge in Maryland has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case that centers over the language used by the plaintiff and whether it constituted a dispute of the debt or not. I decline to pay this debt.”

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Judge Grants Default Judgment For Plaintiff in FDCPA Case, But Denies Request for $25k in Emotional Distress Damages

Account Recovery

OCTOBER 15, 2021

Receiving one phone call and six messages from a collector after notifying it that she was being represented by an attorney is not enough to warrant the $25,000 in emotional distress being sought by the plaintiff in a Fair Debt Collection Practices Act case, ruled a Magistrate Judge, saying that the amount was “pulled out … The post Judge (..)

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Judge Grants MSJ for Plaintiff in FDCPA Case Over Garnishment Order

Account Recovery

FEBRUARY 7, 2025

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.

Garnishment

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Judge Grants MSJ for Defendant in FDCPA Case Over Dismissal of Collection Lawsuit

Account Recovery

MARCH 21, 2025

Is the choice made by a collection operation to dismiss a collection lawsuit against a consumer a decision in the consumer’s favor? The background: The defendant filed a lawsuit against the plaintiff in 2018 over an alleged credit card debt.

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Judge Grants MTD in FDCPA Case Over Attempt To Collect on Discharged Debt

Account Recovery

NOVEMBER 19, 2024

A District Court judge in California has granted a defendant’s motion to dismiss after it was accused of violating the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act by attempting to collect on a debt that had been discharged in bankruptcy.

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Judge Grants Judgment for Defendant in FDCPA Case Over Garnishment from Joint Bank Account

Account Recovery

DECEMBER 16, 2022

The post Judge Grants Judgment for Defendant in FDCPA Case Over Garnishment from Joint Bank Account appeared first on AccountsRecovery.net.

Garnishment

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Judge Rules Investigation into Disputed Debt was Reasonable

Account Recovery

MARCH 5, 2025

The background: The plaintiff allegedly signed a housing agreement for an apartment while attending university.

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Judge Grants MSJ For Defendant in FDCPA Case Over Attempt to Collect Discharged Debt

Account Recovery

OCTOBER 22, 2024

A District Court judge granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that the plaintiff’s claims were barred because they should have been addressed in an earlier case instead of a separate lawsuit being filed.

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Judge Denies MJOP in FDCPA Class Action Over ‘Junk’ Fees

Account Recovery

OCTOBER 16, 2024

A District Court judge in Washington has denied a defendant’s motion for judgment on the pleadings in a Fair Debt Collection Practices Act class-action case over alleged “junk” fees, ruling that the plaintiffs adequately pleaded plausible claims under the FDCPA and related state consumer protection laws.

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Judge Grants MSJ, Partial Fees for Defendant in FDCPA Case Over Rental Property

Account Recovery

MARCH 20, 2025

Smith of the District Court for the District of Hawaii granted the defendants motion for summary judgment, ruling that the plaintiffs had not provided sufficient evidence to support their FDCPA or IIED claims. Despite the plaintiffs attempts to resolve the situation, including contacting the HOA for payment details, the fees went unpaid.

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Judge Denies Motion from Plaintiff to Reconsider Standing in FDCPA Case

Account Recovery

MARCH 18, 2025

A Magistrate Court judge in Wisconsin has denied a plaintiff’s motion to alter a judgment which ruled he did not have standing to pursue claims the defendant violated the Fair Debt Collection Practices Act, finding that the plaintiff failed to demonstrate a concrete injury that could be linked to the defendant’s alleged misconduct.

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Judge Denies MJOP in FDCPA Case Over Interest Accrual

Account Recovery

FEBRUARY 20, 2025

A District Court judge in Michigan has denied a defendant’s motion for judgment on the pleadings in a Fair Debt Collection Practices Act case, ruling that the defendants attempt to impose a 5% interest rate on the debt without clear contractual or legal authorization may constitute a violation of the FDCPA.

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Judge Rules FDCPA Claim Can Proceed in Credit Reporting Dispute, Dismisses FCRA Allegations

Account Recovery

JANUARY 20, 2025

After reaching an agreement, a judgment of dismissal with prejudice was filed on December 30, 2022. The plaintiff had originally entered into litigation with the defendant over two accounts.

Appeals Court Overturns Ruling for Defendant in FDCPA Case Over Medical Debt

Account Recovery

NOVEMBER 8, 2024

The background: The case stems from a debt incurred by the plaintiff following medical care at a hospital. However, the Ninth Circuit vacated the summary judgment that had been granted in favor of the collection agency regarding the alleged FDCPA violations. Learn more.

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Judge Grants MJOP in FDCPA Case Over Text Message Sent After Cease Request

Account Recovery

DECEMBER 11, 2024

A District Court Judge in Ohio has granted a defendant’s motion for judgment on the pleadings — albeit on a technicality — in a Fair Debt Collection Practices Act (FDCPA) case that accused the defendant of sending a text message attempting to collect on a debt after the plaintiff had responded to an earlier text message declining (..)

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Judge Grants MSJ in FDCPA Case Over Validation Request

Account Recovery

FEBRUARY 24, 2025

In a case that was defended by the team at Martin Golden Lyons Wats Morgan, a District Court Judge in Colorado has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act lawsuit, ruling that the debt collector did not violate the statutes debt verification requirements.

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Judge Grants Partial Summary Judgment to Both Sides in FDCPA Case Over Judgment

Account Recovery

AUGUST 7, 2024

A District Court judge in Nevada has granted partial summary judgment to both the plaintiff and the defendant in a Fair Debt Collection Practices Act case, ruling that while the defendant’s actions in obtaining a default judgment were improper, the subsequent attempts to collect the debt were permissible under the law.

Judgment

Judge Splits Difference in FDCPA Plaintiff’s Attorney Fee Award

Account Recovery

DECEMBER 26, 2024

A District Court judge in New York has essentially split the difference in awarding attorney’s fees to the plaintiff in a Fair Debt Collection Practices Act case because both sides could not come to an agreement on their own after the plaintiff accepted an offer of judgment.

Calif. Appeals Court Overturns Ruling in Favor of Collector That Stapled Note to Summons

Account Recovery

AUGUST 24, 2022

A California Appeals Court has overturned a summary judgment ruling in favor of a collector that was sued for violating the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act by stapling a note to a court-provided summons, … The post Calif.

Judge Grants MSJ For Defense on 6 of 7 Counts in FDCPA Case

Account Recovery

FEBRUARY 16, 2021

A District Court judge in New York has granted a defendant’s motion for summary judgment on six of the seven counts in a lawsuit claiming a letter it sent to the plaintiff violated several sections of the Fair Debt Collection Practices Act, but denied summary judgment motions from both sides on the remaining count that … The post Judge (..)

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Appeals Court Affirms Ruling in One Case, Overturns Ruling in Another, Over BFE Defense

Account Recovery

FEBRUARY 3, 2022

The Court of Appeals for the Seventh Circuit affirmed one summary judgment ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act yesterday while overturning a separate summary judgment ruling, concluding that one defendant was entitled to the FDCPA’s bona fide error defense while the other should not (..)

Judge Halves Plaintiff’s Request for Attorney’s Fees in FDCPA Case

Account Recovery

OCTOBER 21, 2024

A few months after filing the suit, the plaintiff accepted the defendant’s offer of judgment in the amount of $2,001 for damages plus attorney’s fees and costs. ” The background: The plaintiff initially filed the lawsuit, accusing the defendant of violating both the FDCPA and the Rosenthal FDCPA. .” in costs.