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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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Maine Enacts Law Raising Garnishment Protections

Account Recovery

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.

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Nevada Court Dismisses Wage Garnishment Lawsuit Due to Lack of Jurisdiction

Account Recovery

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.

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Report Analyzes Garnishment Data to Lobby N.Y. Governor to Sign Anti-Garnishment Bill into Law

Account Recovery

Governor to Sign Anti-Garnishment Bill into Law appeared first on AccountsRecovery.net.

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CFPB Fines BofA $10M for Improper Garnishments

Account Recovery

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.

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NCLC Report Grades States on Garnishment, Judgment Protections

Account Recovery

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.

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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 (..)