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The Governor of New York last week signed a bill into law that will lower the interest rate that can be charged on unpaid money judgments to 2%. The law not only applies to new judgments, but also will be applied retroactively to any judgment that is not fully paid or satisfied when the law … The post N.Y.
The collection of post-judgment interest is in the news, and is being cited as a relic of “a different era” which can cost the amount of debt owed by an individual to “balloon in a way that makes it hard to” repay.
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.
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.
Better late than never, a federal judge in Nevada has ruled, denying a motion for default judgment against a defendant in a Fair Debt Collection Practices Act case because the defendant has now starting to defend itself “in earnest.” ” A copy of the ruling in the case of Hankerson v.
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.
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.
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.
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 (..)
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 (..)
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.
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.
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.
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.
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 (..)
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 (..)
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.
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 (..)
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.
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.
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.
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.
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.
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.
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.
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.
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.
A District Court judge in Nevada has granted partial summary judgment to both the plaintiff and the defendant in a Fair Debt Collection Practices Act case, ruling that while the defendant’s actions in obtaining a default judgment were improper, the subsequent attempts to collect the debt were permissible under the law.
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.
A District Court judge in Washington has denied a defendant’s motion for summary judgment and granted the plaintiff’s motion in a Fair Debt Collection Practices Act case revolving around the alleged expiration of a judgment. The Background: The defendant was assigned an account back in 2011.
A collection operation is facing a Fair Debt Collection Practices Act class action lawsuit for not adjusting the post-judgment interest rate after the state of Kentucky changed the maximum rate that could be charged seven years ago, according to a copy of the complaint.
A District Court judge in Nevada has blocked the Federal Trade Commission’s attempt to use the Fair Debt Collection Practices Act to collect on a judgment against a defendant in an enforcement action, who was found liable by a judge back in 2013 for $1.5 The Background: Back in 2011, the FTC accused a […]
A District Court judge in Florida has denied competing motions for summary judgment in a Fair Debt Collection Practices Act case, in a case that hinges on whether a consumer saying, “Okay. Well, thank you for your assistance then. That’s all I really needed for now. I’ll go ahead and conduct further inquiries […]
Judge Awards $14k in Damages, Attorney’s Fees in FDPCA Default Judgment Over Missing Dispute Flag AI Taught To Interpret Human Emotions in Real-Time Court Approves $3.65M Settlement in Convenience Fee Suit TRAKAmerica Acquires KnovaOne 21 Companies Seeking Collection Talent WORTH NOTING: How to remember to appreciate the little things and fall back (..)
Judge Grants MSJ for Plaintiff in FDCPA Case Over Expired Judgment CFPB Sues Online Lender for Deceiving Consumers Legalized Sports Betting Hurting Consumers’ Financial Health: Study Compliance Digest – July 29 WORTH NOTING: Tips and hacks to help you stay cool without air conditioning … Recommendations from experts about when to get your kid (..)
Industry Mourns Passing of Eric Foulk Judge Denies Competing Summary Judgment Motions in Case Over Whether Consumer Disputed Debt Teachers’ Union Sues MOHELA For Allegedly Mismanaging Student Loan Collections 23 Companies Seeking Collection Talent WORTH NOTING: Inside the 78 minutes that took down millions of Window’s computers last week … (..)
Time might finally be running out on Douglas MacKinnon’s attempts to keep from having to produce a list of his assets to settle a $60 million judgment.
The Court of Appeals for the Seventh Circuit affirmed one summary judgment ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act yesterday while overturning a separate summary judgment ruling, concluding that one defendant was entitled to the FDCPA’s bona fide error defense while the other should not (..)
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