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Ninth Circuit Partially Reverses Grant of Summary Judgment in Favor of Debt Collector in FDCPA Case

Troutman Sanders

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.

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CFPB Settles Pending “Meaningful Attorney Involvement” Lawsuit

Troutman Sanders

On January 11, the Consumer Financial Protection Bureau (CFPB) announced it reached a settlement with law firm Forster & Garbus, LLP in its lawsuit over alleged illegal debt collection practices. In doing so, the CFPB alleged (similar to its previous actions involving the law firms Frederick J.

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NJ Appellate Division Finds No Private Right of Action for Debt Purchaser’s Alleged Failure to Obtain State License

Troutman Sanders

In 2010, the defendant purchased the account and placed it with a law firm for collection. After receiving letters from the law firm, the plaintiff set up a payment plan, which she completed in 2013. The plaintiff later defaulted on her payment obligations and the account was “charged off.”

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Bankruptcy Disclaimer Did Not Violate FDCPA

Consumer Financial Services Law

In 2016, the bank engaged the defendant law firm to foreclose on the underlying real property. The law firm then sent Ms. fka Standard Federal Bank has retained our law firm to begin foreclosure proceedings on the above referenced property. Tyler sued the law firm, claiming the letter violated 15 U.S.C.

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How To Remove Portfolio Recovery From Your Credit Report

Better Credit Blog

In other words, when the original creditor has been unsuccessful in collecting on a debt, it will write off the debt as a loss. There’s a chance some details about your account got lost in the transfer from the original creditor. I suggest you check out Lexington Law. How Portfolio Recovery Associates Works.

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How to Respond to a Debt Collection Attorney

The McHughes Law Firm

It’s important to remember that the unpaid debt has passed through the original creditor to a debt collection attorney. If you lose the lawsuit, or a default judgment is granted, your paychecks may be garnished and bank accounts seized.

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The “Least Sophisticated Debtor” Is Getting More Sophisticated, And Has An Improved Memory Too

FDCPA Defense

Hollins Law Firm , _F.3d There, the collection law firm defendant communicated with plaintiff on a number of occasions, and each time the firm identified itself as a “debt collector,” as required by section 1692e(11) of the FDCPA. iii] A striking example of this trend is the Ninth Circuit’s decision in Davis v.

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