Account Recovery

DECEMBER 9, 2022

A District Court judge in Indiana has granted a motion to vacate a default judgment that was entered against a defendant in a Fair Debt Collection Practices Act case, ruling that the plaintiff never properly served the defendant with the summons and complaint, after the defendant removed the case to federal court.

Judgment 246

Judgment Fair Debt Collection Collections 246

Account Recovery

NOVEMBER 23, 2022

A District Court judge in North Carolina has granted a defendant’s motion for relief from judgment on the grounds that a default judgment obtained by the plaintiff in a Fair Debt Collection Practices Act case is void due to lack of service of process. A copy of the ruling in the case of Becvar v.

Judgment 246

Judgment Fair Debt Collection Collections 246

Account Recovery

NOVEMBER 1, 2022

A District Court judge in Nevada has dismissed – with prejudice – a plaintiff’s class-action complaint that a defendant violated the Fair Debt Collection Practices Act by filing renewals for a judgment on an untimely basis, ruling that the defendant renewed the judgments within the window set forth by state law.

Judgment 246

Judgment Fair Debt Collection Collections 246

Account Recovery

APRIL 26, 2022

The Michigan Court of Appeals has upheld the dismissal of a post-judgment interest class-action on the grounds that state law in Michigan that precludes “actions” based on claimed violations of statutes that permitted recovery of statutory damages in lieu of actual damages means the plaintiff lacks standing to sue.

Judgment 246

Judgment 246

Account Recovery

DECEMBER 23, 2021

In a case that was defended by the team at Malone Frost Martin, the Court of Appeals for the Seventh Circuit has affirmed a lower court’s summary judgment ruling in favor of a defendant that was sued for violating the Fair Credit Reporting Act for accessing an individual’s credit information via a soft inquiry for … The post Appeals (..)

Judgment 246

Judgment 246

Account Recovery

APRIL 29, 2022

A District Court judge in Pennsylvania has certified a class action in a Fair Debt Collection Practices Act lawsuit that accused a defendant of violating the statute by mentioning in a letter that a judgment may be awarded before the expiration of a settlement offer that was being made, even though a collection lawsuit had … The post Judge Certifies (..)

Judgment 243

Judgment Fair Debt Collection Collections Credit Management 243

Account Recovery

OCTOBER 7, 2024

She sought damages for these alleged injuries, asserting violations of the FDCPA: A District Court judge granted summary judgment for the defendant, ruling that the interest rate the defendant attempted to collect did not constitute a violation of the FDCPA.

Judgment 245

Judgment Fair Debt Collection Collections 245

Account Recovery

JANUARY 12, 2022

It appears as though Douglas MacKinnon has successfully avoided being sent to jail, even though a two-day hearing this week did not provide all the details that prosecutors and the Consumer Financial Protection Bureau are looking for as they seek to enforce a $60 million judgment against him.

Judgment 245

Judgment 245

Account Recovery

APRIL 5, 2022

A trio of credit unions from Western New York yesterday filed a class-action complaint seeking an expedited hearing in an attempt to block a new law from going into effect that lowers the maximum rate of post-judgment interest that can be charged in the state to 2%, from 9% currently. appeared first on AccountsRecovery.net.

Credit Unions 237

Credit Unions Credit Unions Judgment 237

Account Recovery

FEBRUARY 10, 2022

But sometimes there are entries on a credit report that make determining whether seven years has past or not more difficult than it would … The post Appeals Court Affirms Summary Judgment for Defendant in FCRA Case appeared first on AccountsRecovery.net.

Judgment 246

Judgment Accounts Receivables Management 246

Account Recovery

OCTOBER 26, 2022

An Appeals Court in Washington state has reversed a lower court’s ruling denying a motion to vacate a default judgment 14 years after it was entered, because the individual was never properly served with a summons and complaint, even though the individual appeared in court at a hearing in the case after the judgment was … The post State (..)

Judgment 246

Judgment 246

Account Recovery

MARCH 15, 2022

In a case that was defended by Rick Perr and Monica Littman of Kaufman Dolowich & Voluck, a District Court judge in New York has granted a defendant’s motion for summary judgment in a class-action Fair Debt Collection Practices Act case, ruling the plaintiff lacked standing to sue because he did not suffer a concrete … The post Judge (..)

Judgment 246

Judgment Fair Debt Collection Collections 246

Account Recovery

FEBRUARY 9, 2022

Judge Denies Motion for Judgment on Pleadings in Hunstein Copycat Case appeared first on AccountsRecovery.net.

Judgment 246

Judgment Collections 246

Account Recovery

MAY 16, 2022

The Attorney General of Arizona on Friday announced that the defendants in a lawsuit filed by its office have reached a consent judgment that will see the defendants pay $1.6 AG Obtains Judgment Banning Collector; Defendants to Pay Up to $1.8M in Fines and Restitution appeared first on AccountsRecovery.net.

Judgment 246

Judgment Collections 246

Account Recovery

APRIL 26, 2022

Appeals Court Upholds Ruling on Post-Judgment Interest Case; CFPB to Regulate ‘Risky’ Nonbanks appeared first on AccountsRecovery.net.

Judgment 246

Judgment 246

Account Recovery

APRIL 11, 2022

In a case that was defended by the team at Malone Frost Martin, a District Court judge has granted a defendant’s motion for judgment on the pleadings in a Fair Debt Collection Practices class action after alleging that the amount owed listed in a collection letter was lower than it should have been and that … The post Judge Grants Motion (..)

Judgment 246

Judgment Fair Debt Collection Collections 246

Account Recovery

FEBRUARY 8, 2022

At least that is what a plaintiff unsuccessfully attempted to argue in a Fair … The post Judge Grants Motion for Judgment in Favor of Creditor Sued in FCRA Case appeared first on AccountsRecovery.net. But even standards that are supposed to be considered objective can sometimes be open to interpretation.

Creditors 245

Creditors Judgment 245

Account Recovery

NOVEMBER 20, 2024

A District Court judge in Ohio has granted a defendant’s motion to vacate an entry of default that was filed against it in a Fair Debt Collection Practices Act case, ruling that the defendant’s failure to respond to the plaintiff’s complaint did not constitute culpable conduct and that the case should be decided on its merits.

Judgment 130

Judgment Fair Debt Collection Collections 130

Account Recovery

MAY 17, 2022

A District Court judge in Kentucky has partially granted and partially denied a collection attorney’s motion to dismiss a Fair Debt Collection Practices Act lawsuit, ruling that the attorney’s motion for default judgment in an underlying collection case was “improper” because the plaintiff had filed a response to the suit.

Judgment 238

Judgment Fair Debt Collection Collections 238

Account Recovery

DECEMBER 28, 2022

Judge Grants MTD in FDCPA Case Over MVN; NCLC Grades States on Judgment Protections first appeared on AccountsRecovery.net. Judge Grants MTD in FDCPA Case Over MVN; NCLC Grades States on Judgment Protections appeared first on AccountsRecovery.net. The post Daily Digest – December 28.

Judgment 246

Judgment Fair Debt Collection Collections 246

Account Recovery

APRIL 5, 2022

Over Post-Judgment Interest Law appeared first on AccountsRecovery.net. Judge Rules Subrogation Claim Not a ‘Debt’; CUs Sue N.Y.

Subrogation 246

Subrogation Insurance Subrogation Judgment Fair Debt Collection 246

Account Recovery

NOVEMBER 1, 2022

FCRA Suit Alleges Impermissible Purpose; Judge Grants MTD Over Judgment Renewals appeared first on AccountsRecovery.net.

Judgment 246

Judgment 246

Account Recovery

JANUARY 23, 2023

The post Judge Grants Motion to Set Aside Default Judgment in FDCPA, FCRA Case Over Complaint Sent to Empty Office appeared first on AccountsRecovery.net.

Judgment 233

Judgment Fair Debt Collection Collections 233

Account Recovery

JANUARY 23, 2023

Judge Grants Motion to Set Aside Default Judgment; Proposed Law Would Limit Collections in Florida For Crime-Incurred Debts first appeared on AccountsRecovery.net. Judge Grants Motion to Set Aside Default Judgment; Proposed Law Would Limit Collections in Florida For Crime-Incurred Debts appeared first on AccountsRecovery.net.

Judgment 239

Judgment Collections 239

Account Recovery

DECEMBER 23, 2021

Getting to Know Scott Tacke of Kansas Counselors; Appeals Court Affirms Summary Judgment in FCRA Case appeared first on AccountsRecovery.net. It might not seem like it these days, especially thanks to Regulation F, but sense of humor are not automatically erased when someone crosses over to the compliance side of the building.

Judgment 246

Judgment 246

Account Recovery

JANUARY 4, 2022

The Caselaw that Shaped the ARM Industry in 2021; New Law Lowers Judgment Interest in N.Y. And some hope that the case that was the most impactful in 2021 is … The post Daily Digest – January 4. appeared first on AccountsRecovery.net.

Judgment 246

Judgment Accounts Receivables Management 246

Account Recovery

MAY 16, 2022

AG Gets Judgment Banning Collector appeared first on AccountsRecovery.net. Judge Grants Motion for Defense in FDCPA Assigned Claim Case; Ariz.

Judgment 245

Judgment 245

Account Recovery

APRIL 14, 2022

Getting to Know Stephanie Platzman-Diamant of Cavalry Portfolio Services; Judge Denies Default Judgment Motion in FDCPA Case appeared first on AccountsRecovery.net. One of the questions has always been “What is one … The post Daily Digest – April 14.

Judgment 242

Judgment 242

Collections Law

MARCH 14, 2025

Securing a judgment against a debtor is a significant victory, but the battle doesnt end there. Collecting on that judgment requires finding the money, sometimes by uncovering the debtors assets. This process is known as post-judgment asset discovery. Dont let a judgment slip through your fingers.

Judgment 52

Judgment Debtor Commercial Collection Debt Recovery 52

FFGN COLLECT NY

FEBRUARY 20, 2025

Looking to domesticate a judgment in New York and wondering if its worth the expense? Consider the following: Except for judgments obtained for medical services, New York is extremely liberal when it comes to judgment enforcement. New York allows 9% interest on commercial judgments unless otherwise stated in the judgment.

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Judgment Judgment Enforcement Garnishment Debtor 52

Account Recovery

OCTOBER 31, 2024

The plaintiffs argued that the defendant’s employees, who were not licensed attorneys, filed lawsuits and pursued judgments to recover unpaid debts, thereby violating New Mexico laws that limit the practice of law to licensed attorneys. Learn more.

Credit Unions 130

Credit Unions Credit Unions Judgment Collections 130

Collections Law

NOVEMBER 13, 2024

You’ve gone through the trouble of obtaining a judgment against a debtor, yet here you are, now facing the frustration of having to find money to collect. By utilizing aggressive, relentless and innovative tactics, ethically allowed under Massachusetts laws, we help clients collect unpaid judgments. Sound familiar?

Judgment 52

Judgment Commercial Collection Debtor Creditors 52

Account Recovery

MARCH 6, 2025

The court granted a judgment in the amount of $2,028.87. Following the judgment, the court issued an order for wage execution in January 2023, allowing the law firm to garnish the plaintiff’s wages in order to satisfy the debt.

Law Firms 147

Law Firms Garnishment Collections Judgment 147

Account Recovery

FEBRUARY 27, 2025

A District Court judge in Maryland has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case that centers over the language used by the plaintiff and whether it constituted a dispute of the debt or not. I decline to pay this debt.” ” The ruling: Judge Julie R.

Credit Unions 130

Credit Unions Credit Unions Fair Debt Collection Law Firms 130

Account Recovery

FEBRUARY 7, 2025

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.

Garnishment 130

Garnishment Credit Card Debt Fair Debt Collection Law Firms 130

Collections Law

JANUARY 31, 2025

They allow you to secure assets of the debtor before the court issues a judgment. Attaching real estate to secure your judgment Real estate attachments allow you to place a lien on the debtors property. Let us fight to get you paid.The post How can you secure a debt owed to you before you get a judgment?

Judgment 52

Judgment Commercial Collection Debtor Lawyers 52

Account Recovery

JANUARY 27, 2025

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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Garnishment Credit Card Debt Judgment Law Firms 130