Account Recovery

JANUARY 25, 2022

The Court of Appeals for the Ninth Circuit has partially affirmed and partially reversed a lower court’s ruling in a Fair Debt Collection Practices Act case, determining that the District Court judge should not have granted summary judgment for a collection law firm that “expressly” informed an individual in a collection letter that (..)

Law Firms 246

Law Firms Fair Debt Collection Judgment Collections 246

Account Recovery

JANUARY 25, 2023

Judge Awards $25k in Sanctions Against Collection Law Firm; CFPB Launches Credit Card Review first appeared on AccountsRecovery.net. Judge Awards $25k in Sanctions Against Collection Law Firm; CFPB Launches Credit Card Review appeared first on AccountsRecovery.net. The post Daily Digest – January 25.

Law Firms 130

Law Firms Collections Bankruptcy Judgment 130

Account Recovery

OCTOBER 5, 2021

The Supreme Court of Montana has affirmed a lower court’s ruling against a plaintiff’s attorney who filed suit against a debt collector, another attorney who was hired to collect on a judgment against the plaintiff’s attorney, and a law firm that had agreed to have its offices used for a deposition after a judgment was … The (..)

Law Firms 246

Law Firms Debt collector Judgment 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

JULY 16, 2024

EDITOR’S NOTE: This article is part of a series that is sponsored by WebRecon. WebRecon identifies serial plaintiffs lurking in your database BEFORE you contact them and expose yourself to a likely lawsuit. Protect your company from as many as one in three new consumer lawsuits by scrubbing your consumers through WebRecon first. Want to learn more?

Law Firms 130

Law Firms Judgment Banks Collections 130

Account Recovery

JANUARY 25, 2022

Appeals Court Partially Overturns Ruling in FDCPA Case; Reg F Lawsuit Filed Over Credit Reporting appeared first on AccountsRecovery.net.

Fair Debt Collection 245

Fair Debt Collection Law Firms Judgment Collections 245

Account Recovery

FEBRUARY 29, 2024

The Attorney General of New York yesterday announced an Assurance of Discontinuance with a collection law firm and its subsidiary that will see it pay $655,600 in fines and restitution to consumers.

Judgment 130

Judgment Law Firms Collections 130

Account Recovery

APRIL 3, 2024

A District Court judge in Pennsylvania has denied a defendant’s motion to dismiss a Fair Debt Collection Practices Act class action lawsuit, ruling the plaintiff plausibly alleged violations of the statute after the defendant — a collection law firm — allegedly edited an account statement to include additional fees.

Judgment 130

Judgment Fair Debt Collection Law Firms Collections 130

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. These laws vary. Property levies.

Judgment 98

Judgment Garnishment Creditors Law Firms 98

Jimerson Firm

DECEMBER 8, 2020

The Florida Supreme Court has published the proper form to use when seeking a final judgment of foreclosure: Form 1.996(a), Final Judgment of Foreclosure (8-18-20). What Does Form 1.996(a), Final Judgment of Foreclosure, Include? Plaintiffs in Hillsborough county must use the Uniform Final Judgment of Foreclosure form.

Foreclosure 98

Foreclosure Judgment Law Firms Creditor's Rights 98

Debt Free Colorado

APRIL 1, 2021

That said, let me walk you through all the elements of this particular email that tip it off as a scam: From: Sherrill Green <SherrillGreen@outlook.com> Wait, the prestigious “Webster Law Firm” doesn’t have it’s own domain and you’re using a generic outlook.com account? Attorney at Law?

Law Firms 75

Law Firms Third-party Debt Collectors Lawyers Loans 75

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.

Garnishment 130

Garnishment Fair Debt Collection Law Firms Judgment 130

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.

Garnishment 130

Garnishment Fair Debt Collection Law Firms Judgment 130

Jimerson Firm

AUGUST 11, 2020

In the event the dispute evolves into a lawsuit, the business judgment rule will protect directors from personal liability so long as they did not breach their fiduciary duty. Application of Business Judgment Rule to Community Associations. As a result, disputes sometimes arise between the association and its members. In Miller v.

Judgment 105

Judgment Government Construction Law Firms 105

Troutman Sanders

NOVEMBER 12, 2021

Capouano, Beckman, Russell & Burnett LLC , the Court of Appeals for the Eleventh Circuit recently affirmed defendant law firm Capouano, Beckman, Russell & Burnett LLC’s (Firm) motion for summary judgment involving an alleged violation of the Fair Debt Collection Practices Act (FDCPA).

Judgment 98

Judgment Law Firms Fair Debt Collection Collections 98

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.

Judgment 75

Judgment Garnishment Creditors Law Firms 75

Consumer Financial Services Law

MARCH 27, 2018

5082, officially known as the “Practice of Law Technical Clarification Act of 2018,” to the full House of Representatives. Dunn The House Financial Services Committee voted 35-25 on March 21, 2018 to advance H.R.

Law Firms 74

Law Firms Debt collector Fair Debt Collection Financial services 74

Account Recovery

SEPTEMBER 9, 2024

In this case, a credit-reporting agency defending an FCRA case issued subpoenas to a consumer law firm to determine whether that firm was acting as a credit-repair organization and to learn about its process for creating and sending dispute letters on behalf of consumers. More details here.

Law Firms 130

Law Firms Fair Debt Collection Debt collector Judgment 130

Account Recovery

MARCH 24, 2021

A District Court judge in Wisconsin has denied a defendant’s motion for summary judgment after it was sued for allegedly violating the Fair Debt Collection Practices Act because it attempted … The post Judge Denies Defendant’s MSJ in FDCPA Case Seeking to Collect on Canceled Debt appeared first on AccountsRecovery.net.

Fair Debt Collection 242

Fair Debt Collection Collections Judgment Creditors 242

FFGN COLLECT NY

JUNE 14, 2023

When a debtor owes a creditor money and the creditor is seeking assistance collecting the amount owed, the creditor can either use a collection law firm or a collection agency. Law firms and collection agencies serve the same purpose initially.

Law Firms 52

Law Firms Collection Agencies Collections Agency Third-party Debt Collectors 52

Troutman Sanders

FEBRUARY 28, 2023

On February 13, the Second Circuit Court of Appeals affirmed the decision of an Eastern District of New York court and found that the defendant law firm, Mandarich Law Group, LLC (Mandarich), had conducted a meaningful attorney review of the plaintiff debtor’s account prior to mailing her a debt collection letter on the firm’s letterhead.

Law Firms 52

Law Firms Judgment Fair Debt Collection Bankruptcy 52

Account Recovery

SEPTEMBER 26, 2024

A District Court judge in Minnesota has denied a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act class-action lawsuit, ruling that there were genuine issues of material fact in dispute regarding whether the defendant law firm qualifies as a debt collector under the FDCPA and whether its actions violated the statute. (..)

Fair Debt Collection 130

Fair Debt Collection Law Firms Debt collector Judgment 130

Account Recovery

OCTOBER 7, 2024

As the court observed, the percentage of the law firm’s business devoted to collections had little bearing on whether it “regularly” collected debts on behalf of another and the lack of record evidence bearing on that point was no grounds for granting the law firm summary judgment.

Debt collector 130

Debt collector Law Firms Fair Debt Collection Student loans 130

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.

Garnishment 130

Garnishment Fair Debt Collection Judgment Law Firms 130

Collections Law

SEPTEMBER 24, 2021

Real estate attachments are a type of pre-judgment attachment. That means you secure the asset before you receive the judgment against the debtor. The debtor cannot transfer that asset while the judgment case is underway. Once you receive your judgment, you have an asset set aside which may pay the debt.

Collections 98

Collections Debtor Commercial Collection Judgment 98

Collections Law

FEBRUARY 9, 2024

Partnering with a law firm that has a reputation for ethical debt collection can help to ensure that collection efforts are both effective and compliant with the law. Our collections attorneys help our commercial clients file pre-judgment attachments, file a mechanic’s lien whenever applicable and collect on court judgments.

Mechanic’s Liens 98

Mechanic’s Liens Collections Commercial Collection Lawyers 98

FDCPA Defense

AUGUST 19, 2013

But how often must a lawyer or a law firm engage in consumer debt collection activities before they are subject to the Act? This question has taken on increasing importance in recent years as more law firms have integrated collection work into their existing practices. See Wadas , 2013 WL 3928631, at *5. Frankel , 197 F.3d

Law Firms 40

Law Firms Lawyers Collections Debt collector 40

Troutman Sanders

FEBRUARY 1, 2022

District Court for the Southern District of California, granting summary judgment in favor of a debt collector in a Fair Debt Collections Practices Act (FDCPA) case. The plaintiff, Jeffrey Almada, allegedly owed money to a homeowner’s association, which retained the defendant, the Krieger Law Firm, A.P.C. Krieger , No.

Debt collector 59

Debt collector Judgment Fair Debt Collection Debtor 59

Public Citizen

DECEMBER 16, 2021

When consumers returned the calls, the defendants falsely claimed to be from a mediation or law firm, again threatened legal action, and used consumers’ personal information to convince consumers the threats were real.

Debt collector 74

Debt collector Law Firms Trade Judgment 74

Jimerson Firm

AUGUST 24, 2020

If a defendant fails to appear at the show cause hearing, provide defenses, or show good cause, the court will enter a final judgment of foreclosure. Immediately after the filing of the verified foreclosure complaint, any “lienholder” may request an order to show cause for the entry of final judgment. Request an Order to Show Cause.

Foreclosure 96

Foreclosure Judgment Law Firms Creditor's Rights 96

Troutman Sanders

JUNE 29, 2021

Carpenter, Hazelwood, Delgado & Boren PLC , the Ninth Circuit Court of Appeals reversed and remanded the district court’s entry of summary judgment for the appellees-defendants in a Fair Debt Collection Practices Act (FDCPA) case. In Glawe v.

Judgment 52

Judgment Acquisition Fair Debt Collection Law Firms 52

Consumer Financial Services Law

DECEMBER 21, 2016

The case arose from the law firm’s post judgment efforts to garnish wages. A recent decision by a Minnesota district court sheds some light on the issue and provides a positive decision for debt collection attorneys. Unifund CCR, LLC, 2016 U.S. LEXIS 168707 (Dec.

Garnishment 40

Garnishment Law Firms Acquisition Debtor 40

Troutman Sanders

AUGUST 4, 2020

The issue on summary judgment was simple: whether the Defendant, NPAS, Inc. NPAS subsequently moved for summary judgment arguing that it is not a debt collector as defined by the FDCPA. NPAS”) is a debt collector as defined by the FDCPA.

Judgment 52

Judgment Debt collector Fair Debt Collection Law Firms 52

Jimerson Firm

OCTOBER 22, 2020

Then, if necessary, the parties will conduct discovery and the plaintiff will seek to end the lawsuit by filing a motion for summary judgment or setting the case for trial in the event there are factual issues in dispute. Issuance of a Final Judgment of Foreclosure. The Complaint to Foreclose the Mortgage. 2d 409, 410-11 (Fla.

Foreclosure 94

Foreclosure Lender Judgment Collateral 94

UK debt collections

MARCH 2, 2022

Meyer owes London Law firm Farrer & Co £200,000 in unpaid fees dating back to 2018. She instructed Farrer & Co in early 2018 but later that year the firm ceased to act. In November 2019, the firm sued for unpaid fees of £187,000 plus interest and obtained default judgment the following month.

Judgment 85

Judgment Law Firms 85

FFGN COLLECT NY

JANUARY 5, 2021

Unfortunately, because of extensions ordered by the state, default judgments on cases filed after March 22, 2020, could not be submitted until early November 2020, during which time many businesses closed, resulting in debtors without means to repay and creditors without recovery. Can You Include Interest in Default Judgments?

Judgment 40

Judgment Creditors Law Firms Debtor 40

Jimerson Firm

JANUARY 14, 2021

There are essentially two types of orders to show cause afforded under Section 702.10, to wit: 1) an order requiring all defendants to show cause why a final judgment of foreclosure should not be immediately entered (Section 702.10(1)); 1), directs the defendants to show cause why a foreclosure judgment should not be entered.

Foreclosure 90

Foreclosure Lender Judgment Law Firms 90