Account Recovery

JANUARY 4, 2022

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.

Judgment 245

Judgment 245

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

JULY 29, 2024

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.

Judgment 130

Judgment Fair Debt Collection Collections 130

Account Recovery

AUGUST 1, 2024

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 […]

Judgment 130

Judgment Fair Debt Collection Collections Trade 130

Account Recovery

DECEMBER 2, 2024

Judge Dismisses FDCPA Case Over SOL on Judgment More Public Calls for Elimination of CFPB AI Transparency Bills Introduced in House by Rep.

Judgment 130

Judgment 130

Account Recovery

APRIL 14, 2022

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.

Judgment 246

Judgment Fair Debt Collection Collections 246

Account Recovery

DECEMBER 16, 2021

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.

Judgment 246

Judgment Creditors Collections 246

Account Recovery

MARCH 5, 2024

A District Court judge in Michigan has certifies a class in a Fair Debt Collection Practices Act case accusing a collection law firm of charging excessive post-judgment interest on dozens of debt collection lawsuits across the state. The Background: The plaintiffs were each sued by the defendants for unpaid debts.

Judgment 130

Judgment Fair Debt Collection Law Firms Collections 130

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 (..)

Garnishment 130

Garnishment Judgment Fair Debt Collection Collections 130

Jimerson Firm

APRIL 9, 2024

Collecting on Judgment Liens in Florida Acquiring a money judgment through the litigation process in the State of Florida can be tough, arduous, and expensive. When a court enters a civil money judgment, it creates a judgment debtor and a judgment creditor. on one’s vehicle.

Judgment 105

Judgment Debtor Creditors Collections 105

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

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

JULY 10, 2024

The Court of Appeals for the First Circuit has overturned a summary judgment ruling in favor of a creditor and two debt collectors that were sued in a class action for violating state law in Massachusetts related to how often a consumer can be contacted on the phone by a collector, ruling the plaintiff had […]

Judgment 130

Judgment Debt collector Creditors 130

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

JULY 24, 2024

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 […]

Judgment 130

Judgment Fair Debt Collection Collections 130

Account Recovery

JANUARY 2, 2024

An Ohio Appeals Court has upheld a summary judgment ruling in favor of a collection operation that filed a lawsuit seeking to collect on an unpaid debt. The Background: In September 2022, the plaintiff filed a lawsuit against the defendant seeking to collect on an unpaid credit card debt. The plaintiff filed a motion for […]

Judgment 130

Judgment Credit Card Debt Collections 130

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

DECEMBER 27, 2023

A ruling in New York state court could have the potential to upend a decade’s worth of default judgments while also having a “huge” impact on future cases, according to a published report.

Judgment 130

Judgment 130

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

FEBRUARY 20, 2024

A District Court judge in Washington has denied competing motions for summary judgment in a Fair Debt Collection Practices Act case that stretches back more than 13 years, ruling that both sides point to facts that could be ruled in their favor, thus leaving it for a jury to decide. The Background: Back in 2011, […]

Judgment 130

Judgment Fair Debt Collection Collections 130

Account Recovery

MAY 10, 2024

The Appellate Division of the Superior Court of New Jersey has affirmed a lower court’s ruling that an individual who was sued for an unpaid debt and failed to respond waited too long to file a motion to vacate the default judgment against her. The Background: The original collection lawsuit was filed by the plaintiff […]

Judgment 130

Judgment Collections 130

Account Recovery

FEBRUARY 23, 2024

A Magistrate Court judge in Illinois has denied competing summary judgment motions in a Fair Debt Collection Practices Act case, ruling the plaintiff failed to follow proper procedure and that the defendant is not entitled to the FDCPA’s bona fide error defense that it initiated collection activity on a debt that had been discharged in […] (..)

Judgment 147

Judgment Fair Debt Collection Collections Bankruptcy 147

Account Recovery

APRIL 15, 2021

million judgment against a collection agency and its owner that were accused of engaging in deceptive and abusive collection practices and operating without a proper license. Judgment Against Collection Agency, Owner appeared first on AccountsRecovery.net. The Attorney General of Indiana has obtained a $1.3

Collection Agencies 246

Collection Agencies Collections Agency Judgment Collections 246

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

DECEMBER 15, 2020

The Court of Appeals for the Eighth Circuit has vacated a judgment in favor of a plaintiff who alleged a debt buyer violated the Fair Debt Collection Practices Act because the collection agency it used to collect on an unpaid debt contacted the plaintiff even though she was represented by an attorney — a fact … The post Appeals Court Vacates (..)

Judgment 246

Judgment Fair Debt Collection Collection Agencies Collections Agency 246

Collections Law

MAY 2, 2024

Do you have an out-of-state judgment? In the case of foreign judgments states are required to honor and recognize judgments those judgments by virtue of the U.S. In the case of foreign judgments states are required to honor and recognize judgments those judgments by virtue of the U.S. Constitution.

Judgment 52

Judgment Commercial Collection Debtor Lawyers 52

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

JUNE 9, 2021

A bill has been signed into law in Arizona that raises the homestead exemption on judgments to $250,000 from $150,000, but has “gutted the protections” that were previously included in the state, according to one bankruptcy attorney, because the law now allows any judgment to be attached to a home and allows judgments to be … The (..)

Judgment 173

Judgment Creditors Bankruptcy 173

Account Recovery

MAY 23, 2023

A District Court judge in Oklahoma has denied a defendant’s motion for summary judgment and a plaintiff’s motion for partial summary judgment in a Fair Debt Collection Practices Act case, ruling that, among other reasons, the migraines suffered by the plaintiff are sufficient for her to have standing to sue, and that there is a … (..)

Judgment 130

Judgment Fair Debt Collection Collections 130

Account Recovery

JANUARY 11, 2024

A District Court judge in Nevada has denied competing summary judgment motions from both parties in a Fair Debt Collection Practices Act case, ruling that it isn’t totally clear whether the debt in question — the purchase of Botox — is covered under the FDCPA.

Judgment 147

Judgment Fair Debt Collection Collections 147

Account Recovery

SEPTEMBER 16, 2021

A District Court judge has granted a defendant’s motion for judgment on the pleadings after it was sued by a brother and sister for allegedly violating the Fair Debt Collection Practices Act by discussing the sister’s debt with the brother, but only after the brother used the sister’s personal information — the last four digits (..)

Judgment 235

Judgment Fair Debt Collection Collections 235

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

OCTOBER 22, 2021

The Court of Appeals for the Ninth Circuit has affirmed a lower court’s ruling denying a debt collector’s motion for relief from a judgment because of “gross negligence” by its attorney for failing to respond to a motion for summary judgment filed by the plaintiff in a Fair Debt Collection Practices Act lawsuit that ultimately (..)

Judgment 246

Judgment Fair Debt Collection Debt collector Collections 246

Account Recovery

JUNE 26, 2024

A District Court judge in Michigan has awarded a plaintiff $6,000 in damages plus more than $8,500 in attorney’s fees in a default judgment against a collection operation that was accused of violating the Fair Debt Collection Practices Act by not marking an account furnished to the credit reporting agencies as disputed.

Judgment 130

Judgment Fair Debt Collection Collections 130

Account Recovery

APRIL 20, 2021

UVA Health said yesterday that it is canceling many of its outstanding liens and judgments resulting from collection lawsuits dating back to the 1990s. The move is expected to impact tens of thousands of families.

Judgment 246

Judgment Healthcare Collections 246