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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Nexa Collect

JUNE 21, 2023

Legal Action : The creditor or collection agency may file a lawsuit against you to recover the debt. If you ignore this or fail to defend yourself in court, a default judgment may be issued against you. Debt Sold : The debt collection agency might sell your debt to another agency.

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Troutman Sanders

FEBRUARY 1, 2022

District Court for the Southern District of California, granting summary judgment in favor of a debt collector in a Fair Debt Collections Practices Act (FDCPA) case. In doing so, it held that a collection letter, which indicated that the debtor could only dispute the underlying debt in writing, violated the FDCPA.

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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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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 30, 2021

July 22, 2021), the Eastern District of Michigan granted summary judgment in favor of a debt collector, holding that it did not violate the Fair Debt Collections Practices Act (FDCPA) by failing to report that the plaintiff disputed the debt at issue. to collect from plaintiff, Florence Burns (Burns).

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Collection Industry News

AUGUST 3, 2021

July 22, 2021), the Eastern District of Michigan granted summary judgment in favor of a debt collector, holding that it did not violate the Fair Debt Collections Practices Act (FDCPA) by failing to report that the plaintiff disputed the debt at issue. to collect from plaintiff, Florence Burns (Burns).

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Troutman Sanders

AUGUST 26, 2020

The plaintiff filed a lawsuit alleging that the debt collector violated the Fair Debt Collection Practices Act (FDCPA) because it was not allowed to charge interest on the unpaid debt or, alternatively, that it was using the wrong start date for the interest calculation.

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Troutman Sanders

OCTOBER 12, 2021

district judge in Arkansas recently granted the defendant McKendra Adams’s (Adams) motion to dismiss for lack of standing involving an alleged violation of the Fair Debt Collection Practices Act (FDCPA). Adams , a U.S. Cheatham was also awarded attorney’s fees.

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Troutman Sanders

JANUARY 12, 2023

Under the settlement agreement, the law firm agreed to obtain proper supporting documents before filing collection lawsuits and also to pay a $100,000 civil penalty. The conduct provisions in the Stipulated Final Judgment and Order look substantially similar to those in the Hanna and Pressler cases previously entered into by the CFPB.

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Troutman Sanders

SEPTEMBER 21, 2022

A recent federal district court opinion highlights the potential pitfalls associated with renewals of unsatisfied default judgments. serves as a reminder that judgment creditors must still tread carefully when seeking to collect on, or revive, judgments from yesteryear. The case, Sarah Pitera v.

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Better Credit Blog

APRIL 3, 2022

Portfolio Recovery buys multiple accounts with old debt from companies that have given up and “charged off” the accounts. In other words, when the original creditor has been unsuccessful in collecting on a debt, it will write off the debt as a loss. Make Them Prove the Debt is Yours.

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Credit Corp

FEBRUARY 23, 2024

We’ll also arm you with tools like Credit.com’s free credit report card to stave off the next wave of debt-related threats. Key Takeaways: Zombie debt arises based on collection agencies. It may be possible to settle zombie debt with your original creditor. How Does Zombie Debt Work?

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Better Credit Blog

APRIL 1, 2022

Make sure to follow through, because credit agencies can turn a simple collection into a judgment, legally garnishing wages or your bank account, you will be required to pay the full debt as well as legal fees. Debt Validation. If you can, try to settle with the original creditor.

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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. You default on that debt.

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Credit Management Company

AUGUST 9, 2022

While many consumers are able to manage their debt load and stay current on their accounts, many businesses are finding themselves with uncollected debt and no proven collection strategy. Before you can collect on any debt, you need to validate the debt in accordance with the Fair Debt Collection Practices Act.

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Collection Industry News

MARCH 23, 2021

Court of Appeals for the Third Circuit recently held that a debt collector did not violate the federal Fair Debt Collection Practices Act (FDCPA) when it sent a consumer a collection letter inviting her to “eliminate further collection action” by calling the company, when in fact only written communication could legally stop collection activity.

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Taurus Collect

NOVEMBER 15, 2023

Regulations around debt collection are strict, and experts from no cure no pay debt collection UK are here to help you navigate these waters. In this post, we will explore the rights and regulations governing debt collection in the UK. Dispute Unrecognised Debts: If you do not recognise a debt, dispute it.

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FFGN COLLECT NY

DECEMBER 12, 2023

There are many ways to request debt verification, such as writing a request letter. The letter must detail the specific information you require, such as proof of agreement with the original creditor, a final account statement issued by the creditor, and a breakdown of the debt (due dates, interest rate, and principal amount).

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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. Is It Legal for Commercial Debt Collectors to Garnish Bank Accounts?

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FDCPA Defense

JANUARY 28, 2012

Debt buyers are being sued based on the conduct of their agencies and law firms. Even original creditors, who are not subject to the FDCPA, are being drawn into FDCPA litigation under various theories of recovery. For this reason, original creditors are not subject to the FDCPA (except in very limited circumstances).

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Account Recovery

DECEMBER 2, 2024

There will be no shortage of advisors eager to help you prepare, so find someone who has a nice demeanor for explaining things, have a few cups of coffee and if you start to feel a little verklempt, just talk amongst yourselves… (This “clarification” is neither clear nor a f’n-cation.

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