Account Recovery

JANUARY 4, 2021

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.

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Account Recovery

OCTOBER 16, 2020

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 … (..)

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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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Garnishment Judgment Fair Debt Collection Collections 130

Account Recovery

DECEMBER 2, 2024

Today’s webinar just happens to be on the topic of legal collections (register here) so it’s entirely timely to write about a court ruling involving a judgment. The debt originated from a judgment obtained back in December 2008.

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Account Recovery

DECEMBER 12, 2023

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” […]

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Account Recovery

MARCH 11, 2024

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 (..)

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Garnishment Collections Judgment 147

Account Recovery

JUNE 13, 2024

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 […]

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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

NOVEMBER 12, 2021

There isn’t a state in the country that is adequately protecting families from debt collectors, debt buyers, and creditors with exemption laws, allowing individuals to keep some of their assets or paychecks when a garnishment order or judgment is awarded, according to a report issued this week by the National Consumer Law Center.

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Account Recovery

MAY 1, 2023

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.

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Account Recovery

NOVEMBER 26, 2024

A collection attorney in New York is facing a class-action lawsuit for allegedly violating the Fair Debt Collection Practices Act and state law when attempting to collect on judgments owed to a bankrupt for-profit university. Learn more.

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Account Recovery

JULY 5, 2022

Friday is the deadline for a group seeking to increase the protections that consumers can use to shield assets from garnishments to pay medical debts while also lowering the judgment interest rate on medical debt to get enough signatures to add the measure to the November ballot in Arizona.

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Account Recovery

AUGUST 15, 2022

The California Association of Collectors has started a grassroots effort to get participants in the accounts receivable management industry to share their feelings about a bill being considered in the state legislature that would protect more of consumers’ assets from garnishments and judgments.

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Account Recovery

AUGUST 8, 2022

A trial is scheduled for this week in Arizona to challenge adding an item to the November ballot that would give residents of the state the opportunity to increase the amounts that consumers can shield from garnishments to pay medical debts while also lowering the judgment interest rate on medical debt.

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Account Recovery

NOVEMBER 9, 2022

Voters in Arizona yesterday approved a measure that will increase the amounts that consumers can shield from garnishments to pay medical debts while also lowering judgment interest rates in a move that is expected to be taken up in other states across the country, while a state Attorney General who is very well-known to the … The post Recapping (..)

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Account Recovery

JULY 12, 2022

An organization seeking to put a measure on the ballot in Arizona this November that would increase the amounts that consumers can shield from garnishments to pay medical debts while also lowering the judgment interest rate on medical debt turned in twice as many signatures as needed last week, and is “likely” headed to the … The (..)

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Garnishment Collections Judgment Healthcare 246

Account Recovery

OCTOBER 28, 2021

Separate bipartisan bills were introduced yesterday in both the House of Representatives and the Senate to amend the Servicemembers Civil Relief Act, which protects members of the Armed Forces and other branches of the government from certain financial situations, including judgments, garnishments, and other adverse collection-related actions.

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Garnishment Judgment Government Collections 242

Credit Corp

JUNE 3, 2020

A judgment is an order issued by a court of law. If they are successful, the court issues a judgment against you. What Happens After a Judgment Is Entered Against You? The court enters a judgment against you if your creditor wins their claim or you fail to show up to court. What Is a Judgment on Property?

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Credit Corp

MAY 17, 2021

But those who are struggling with debt might wonder: Can my stimulus check be garnished for credit card debt or other money owed. In some cases, the money you get from the third stimulus could be garnished. If the child support is a federal or state debt, stimulus money cannot be offset or garnished to cover it.

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Credit Card Debt Garnishment Student Loans Student loans 105

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. Learn More.

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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. Learn More.

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Garnishment Fair Debt Collection Law Firms Judgment 130

American Profit Recovery

MARCH 15, 2024

It’s relatively inexpensive to file a claim, and if you have paperwork to back up your claim, your business will often achieve a favorable judgment. A small claims judgment is just that, an order from the court for the client to pay your business. In short, it becomes your responsibility to enforce that judgment.

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Account Recovery

SEPTEMBER 24, 2024

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. According to the plaintiff, the summons was served at an address where she had never lived, leading to a default judgment in favor of the defendant.

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Account Recovery

DECEMBER 12, 2023

Creditors Facing FCRA Suit for Sending Card to Other Person with Same Name as Plaintiff Judge Remands Class Action Back to State Court NCLC Report Criticizes State’s Inabilities to Protect Consumers from Judgments, Garnishments FTC Issues Warning About QR Code Scams WORTH NOTING: The best gifts for people who work from home … A gift […] (..)

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Creditors Garnishment Judgment 147

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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Fair Debt Collection Garnishment Collections Judgment 130

Credit Corp

MAY 30, 2023

A judgment is an order issued by a judge or jury to settle a lawsuit. In this case, the judge may order you to pay the other party as part of the court’s final judgment. The order can be issued in one of two forms: A monetary judgment: A judgment that orders one party to pay the other party a specific amount of money.

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Jimerson Firm

JANUARY 28, 2021

When a lender obtains a final judgment of foreclosure from the court, the mortgaged property is sold at public auction and, if bought by someone other than the foreclosing lender, the proceeds are applied to the debt owed by the delinquent borrower. Procedure For Getting a Deficiency Judgment. Amount of Deficiency Judgment.

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FFGN COLLECT NY

JUNE 3, 2020

With both consumers and small businesses receiving funds from the Paycheck Protection Program (PPP) and CARES Act, questions have come up as to whether these amounts can be frozen or garnished by debt collectors or creditors. Is garnishing PPP or CARES Act funds an option for satisfying outstanding monies owed to judgment creditors?

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Account Recovery

DECEMBER 30, 2024

However, the legislation has faced criticism from collections attorneys who argue it could impair the ability of civil judgment holders, including some crime victims, to collect compensation. California A new law, scheduled to go into effect on January 1, bans the reporting of medical debt on consumers’ credit reports.

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Account Recovery

AUGUST 26, 2024

WHAT THIS MEANS, FROM STACY RODRIGUEZ OF ACTUATE LAW: After a collection law firm garnished an Arizona judgment debtor’s bank account, the debtor raised FDCPA claims alleging that all funds in the account were social security benefits and, thus, exempt from garnishment. More details here.

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Collections Law

OCTOBER 5, 2020

You may have heard the words “attachments” and “garnishments” thrown around. Cohen LLC knows when to effectively use attachments and when wage garnishments are appropriate and likely effective. The How’s and Why’s of Garnishments. How We Make Attachments and Garnishments Work For You.

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Account Recovery

FEBRUARY 27, 2023

The Court of Appeals for the Tenth Circuit has upheld a ruling in favor of a defendant that was sued for obtaining a default judgment and garnishing the plaintiff’s wages after he defaulted on a student loan debt, by falsely claiming he was the victim of identity theft and claiming the defendants lacked standing to … The post Appeals Court (..)

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Student Loans Student loans Garnishment Judgment 130

FFGN COLLECT NY

JULY 7, 2022

On December 31, 2021, Governor Hochul signed the Fair Consumer Judgment Interest Act into law. This amended the post-judgment interest rate on all judgments against consumers from 9% to 2%, effective April 30, 2022. An income execution (also known as a garnishment) is another manner of collecting a money judgment.

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Account Recovery

NOVEMBER 27, 2024

This case involves the second FDCPA and is related to attempts by the Consumer Financial Protection Bureau to collect on judgments from a husband and wife who are accused of hiding millions of dollars to settle fines and penalties related to a payday lending scam.

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Jimerson Firm

JANUARY 26, 2023

When a judgment creditor in Florida attempts to collect on a judgment involving an individual, one mechanism for doing so is through a garnishment action of the judgment debtor’s bank account. Florida has a statutory garnishment process that judgment creditors must follow. See Florida Statute Chapter 77.

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Direct Recovery

APRIL 16, 2023

Wage garnishments are the ultimate threat posed by every debt collection scenario, but finding yourself on the wrong end of one doesn’t have to be a financial death sentence. Legal notices soon follow, along with a court judgment taking a big chunk of your paycheck. This can be done legally by obtaining a court order.

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Jimerson Firm

NOVEMBER 8, 2023

Judgment creditors are often faced with the question of how to collect an out-of-state judgment (also commonly referred to as a foreign judgment) in Florida. Once the foreign judgment is domesticated, the judgment creditor may pursue post-judgment collections efforts in Florida. 55.501, Fla. 55.505, Fla.

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