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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.
By virtue of not vetoing it, a new law has been enacted in Maine that expands the protections consumers will have with respect to garnishments, including for the first time, funds that consumers have in their bank accounts.
A District Court judge in Nevada has granted a defendant’s motion to dismiss after it was accused of garnishing the plaintiff’s wages without first domesticating the judgment in that state. After the judgment was assigned to the defendant, it sought to enforce the judgment by garnishing the plaintiffs wages. Judge Andrew P.
The Consumer Financial Protection Bureau yesterday announced an enforcement action against Bank of America, in which the nation’s second-largest financial institution will pay a fine of $10 million after it was accused of unlawfully garnishing $592,000 from its customers’ bank accounts.
A report issued last week by the National Consumer Law Center grades each state on its exemption laws, which determine how much consumers can protect from judgments and garnishments, determining that none of the 50 states or other territories meet what the organization defines as the five basic standards.
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 (..)
The governor of Oregon has signed a bill into law that raises the amount of money that can be protected by consumers from garnishments and keeps them from a “financial death spiral because of debt collection,” according to the sponsor of the bill.
Even as many states are moving to ease collection restrictions that were put into place at the start of the coronavirus pandemic, the Virginia legislature is moving forward with a bill that would protect the economic stimulus payments received by individuals from being garnished by debt collectors.
… The post Industry Vows to Appeal Ruling Denying Challenge to Arizona Garnishment Law first appeared on AccountsRecovery.net. The post Industry Vows to Appeal Ruling Denying Challenge to Arizona Garnishment Law appeared first on AccountsRecovery.net.
A state court judge in Arizona has granted a temporary restraining order halting the enactment of a measure approved by voters last month that increases the amount that is shielded from garnishments to pay medical debts while also lowering judgment interest rates that can be charged.
A state court judge in Arizona yesterday rejected an industry-led challenge to a voter initiative that is scheduled to be on the ballot this November that would raise the limits on what can be shielded from wage garnishments while also lowering the judgment interest rate, leading the group to quickly file an appeal with the … The post Judge Rules (..)
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.
Now that the second round of stimulus checks have started to be distributed, the Attorney General of Virginia is touting a new law that went into effect in late October that will protect those funds from being garnished or seized as part of a judgment. The new law, H.B. 5068, was signed by Gov.
The New York Senate yesterday voted to approve a bill that would protect individuals from having liens placed on their primary residences and having their wages garnished to repay medical debts. Legislature Passes Anti-Garnishment, Anti-Lien Bill For Certain Medical Debts appeared first on AccountsRecovery.net.
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 … (..)
To that end, we have legislation that is … The post Groups Call for Stimulus Funds to be Protected From Garnishment; Legislative Proposal Forthcoming appeared first on AccountsRecovery.net.
Announces Phased Restart to Garnishments appeared first on AccountsRecovery.net. The protections that are being put into place in some areas are affecting collectors and debt buyers, who need … The post Local Governments Scrambling to Protect Residents as Moratoriums End; N.M.
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 appeared first on AccountsRecovery.net.
As we turn our attention to another episode of “All My Garnishments” there have been a number of developments aimed at keeping debt collectors from garnishing the economic stimulus funds that are now being deposited into the bank accounts of consumers nationwide.
Getting to Know Roxie Olivero-Winfield; Judge Rules Against Industry in Arizona Garnishment Case appeared first on AccountsRecovery.net. While that is a lofty goal that everyone should aspire to, it takes a special kind of person to be able to pull it off. Someone, for … The post Daily Digest – August 18.
GARNISHMENT LAW SET TO GO INTO EFFECT NEXT WEEK An online press conference has been scheduled for later today to discuss a new law that is going into effect in California next week that limits how much debt collectors can garnish from an individual’s bank account when seeking repayment on unpaid debts.
Announces Phased Restart to Garnishments appeared first on AccountsRecovery.net. Judge Grants MSJ for Defendant in FDCPA Vicarious Liability Case; N.M.
Getting to Know Debbie Frank of Credit Bureau Services; CFPB Fines BofA $10M for Improper Garnishments appeared first on AccountsRecovery.net. Helping you become better faster is … The post Daily Digest – May 5.
Encore to Pay $15M to Settle CFPB Suit; Judge Denies MTD in FDCPA Case Over Garnishment SOL appeared first on AccountsRecovery.net. The companies will repay consumers nearly $80,000 and pay a civil fine of $15 … The post Daily Digest – October 16.
A District Court judge in New Jersey has granted a defendant’s motion to dismiss a third-party complaint filed against it by a collection law firm over issues with a wage garnishment. The decision, handed down by District Judge Susan D.
Since then, the debt had been enforced through multiple garnishments, with the most recent garnishment executed in June 2023. Judgments in Kentucky are subject to a 15-year statute of limitations, which is extended each time an enforcement action, such as a garnishment, is executed. Learn more.
Previously, on “All My Garnishments” we saw several characters rush to protect the economic stimulus funds that have started landing in consumers’ bank accounts from being garnished by big, bad debt collectors. In today’s episode, Sen. Pat Toomey [R-Penn.], Pat Toomey [R-Penn.],
An online press conference has been scheduled for later today to discuss a new law that is going into effect in California next week that limits how much debt collectors can garnish from an individual’s bank account when seeking repayment on unpaid debts. The law — SB 616 — was passed and signed by Gov. … The post Calif.
3841, a bill that protects the stimulus funds under the Coronavirus Aid, Relief, and Economic Security Act from being garnished by debt collectors, similar to … The post Senate Passes Bill Preventing Collectors From Garnishing Stimulus Payments appeared first on AccountsRecovery.net. The Senate yesterday unanimously passed S.
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 Fair Debt Collection 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 … (..)
A District Court judge in Ohio has granted a defendant’s motion to dismiss in a case involving allegations of wrongful garnishment and violations of the Ohio Consumer Sales Practices Act (CSPA). The court ruled that the plaintiff’s claims were either time-barred or failed to state a claim upon which relief could be […]
The complaint alleges that she pursued garnishments and levies against former students, falsely claiming to represent the now-bankrupt institution. One plaintiff, who attended TCI briefly in 2007 and 2008, only learned of a judgment against him in December 2023, when he received a notice of garnishment. Learn more.
While still a few months off on the horizon, the date on which individuals with unpaid student loans may start seeing their paychecks and bank accounts garnished is approaching.
A bill is progressing through the Oregon legislature that would protect and exempt more of an individual’s wages and assets from seizure in the event of judgments and garnishments, while also amending the state’s debt collection law. A copy of the bill, House Bill 2008, can be accessed by clicking here.
Last Wednesday, New York Governor Kathy Hochul signed a bill into law — which went into effect immediately — that prohibits healthcare providers from placing lines on the primary residences of individuals with unpaid medical debts or garnishing wages to collect on unpaid bills. The post N.Y.
The Consumer Financial Protection Bureau (CFPB) finalized an enforcement action against Bank of America for processing illegal, out-of-state garnishment orders against its customers’ bank accounts.
For the fifth year in a row, not one of the 50 states met all five of the advocacy group’s standards for protecting consumers and their property from asset seizures and garnishments. On top of that, the only state that earned a “A” […]
California AG Endorses Bill Banning Medical Debt Credit Reporting Oregon Enacts Law Amending Garnishment, Collection Practices Judge Grants Summary Judgment for Plaintiff on FDCPA Wrongful Garnishment Claim Compliance Digest – March 11 WORTH NOTING: How to choose the best hairbrush for your hair type … I can kind of understand one pilot taking (..)
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 Fair Debt Collection Practices Act case after it was sued for allegedly garnishing the wages of the wrong individual.
Legislature Advances Garnishment Bill appeared first on AccountsRecovery.net. Acknowledging that the technology in the industry is changing faster than it ever has before, Erin has embraced the challenge associated with forging new trails. Read on to learn more about … The post Daily Digest – August 27.
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