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Judge Denies Competing MSJs in FDCPA Case Over Garnishment

Account Recovery

A District Court judge in New York has denied motions for summary judgment filed by the plaintiff and the defendant in a Fair Debt Collection Practices Act case over the garnishment of a bank account that may have included funds that were exempt seeking to pay a rental debt from more than two decades ago. […]

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Judge Dismisses FDCPA Case Over SOL on Judgment

Account Recovery

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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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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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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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. The background: The case stemmed from a consumer credit card debt judgment originally obtained in Tennessee by a creditor.

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Attorney Facing FDCPA Class Action for Allegedly Attempting to Collect on Judgments for Bankrupt Creditor

Account Recovery

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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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 (..)