Collection Industry News

DECEMBER 21, 2020

Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed.

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Sawin & Shea

MARCH 16, 2021

Why Did They Change the Rules for Debt Collection Messages? Although debt collectors can contact debtors in new ways, people can also opt-out of being contacted entirely. Debt collection agencies can’t wait for the new rules to go into effect later this year. Stop Debt Collection Efforts with Bankruptcy.

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BN Lawyers

APRIL 30, 2019

Debtors who have filed for bankruptcy and received their Discharge often continue to receive collection letters and phone calls from their creditors. Some creditors even go so far as to sue on these discharged debts or garnish wages and bank accounts. What is the Bankruptcy Discharge?

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Sawin & Shea

AUGUST 24, 2020

If you’re dealing with debt and considering filing for bankruptcy, it’s a good idea to get professional legal advice on how to handle the proceedings. Credit counseling and debt management agencies may be able to assist you as you work, but with so many untrustworthy schemes out there, how do you know what the right step should be?

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Consumer Financial Services Law

MAY 12, 2017

A New York District Court recently tackled the intersection between bankruptcy and pre-petition FDCPA claims and the application of judicial estoppel to undisclosed claims. Shortly after filing suit, Jeziorowski filed bankruptcy pursuant to Chapter 7. Jeziorowski v. Jeziorowski v. Credit Prot. LEXIS 66084 (W.D.N.Y.

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Troutman Sanders

DECEMBER 18, 2023

(Commonwealth) in its lawsuit over alleged illegal debt collection practices. Specifically, the CFPB alleged that Commonwealth failed to conduct reasonable investigations of disputes and violated the Fair Debt Collection Practices Act (FDCPA) by attempting to collect disputed debt without obtaining substantiating documentation.

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Direct Recovery

APRIL 18, 2023

In most cases, some qualifications and credentials will be required to distinguish that you are working with a reputable collection agent. Reasons Businesses Hire Debt Collectors Most businesses that hire commercial debt collectors do so to pursue non-payment of invoices and outstanding balances.

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Consumer Financial Services Law

MAY 16, 2017

Johnson in the Lower Courts Aleida Johnson filed her Chapter 13 bankruptcy petition in 2014. Midland Funding, LLC, a debt buyer, filed a proof of claim which disclosed on its face that the claim was barred by the applicable statute of limitations, listing the date of last transaction as May 2003. Midland Funding, LLC, 528 B.R.

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Sawin & Shea

JULY 20, 2022

The majority of lawyers who collect debts on behalf of their clients are also considered “debt collectors” under federal law. In this blog, we discuss what debt collectors in Indiana can and cannot do according to the law. When Are Debts Covered By the Law? Unfairness. Call us today!

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The Creditors Rights

AUGUST 2, 2016

In 2014 the Eleventh Circuit held that a debt collector violates the Fair Debt Collections Practices Act when it filed a proof of claim in a chapter 13 case on a debt that it knows to be time-barred. Crawford v. LVNV Funding, LLC , 758 F.3d 3d 1254 (11 th Circ. Travelers Cas. & Gas & Elec. 443 (2007).

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The Kaplan Group

OCTOBER 19, 2020

FDCPA ( Fair Debt Collection Practices Act). The Fair Debt Collection Practices Act (FDCPA) is a federal law that restricts the behavior of collection agencies when they are attempting to collect money from individuals. The law does not apply to collecting from businesses.

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National Service Bureau

JULY 1, 2015

The Eleventh Circuit Court of Appeals held last year to broaden the scope of the ‘least sophisticated’ standard when considering FDCPA (Fair Debt Collection Practices Act) violations. This change can have far-ranging effects for debt buyers and debt collectors alike. Does FDCPA apply to bankruptcy proceedings?

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Credits Inc

OCTOBER 16, 2019

Usually, the time after which a debt recovery agency is involved is from 90-180 days from the day of signing the contract between the creditor and the customer depending on the owner’s policy and personal preference. Debt Recovery Regulations. Conclusion.

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Better Credit Blog

AUGUST 12, 2020

Often times, companies and debt collectors do not have sufficient documentation of customers’ debts. The Fair Debt Collection Practices Act requires debt collectors to provide valid proof of debts if you submit a validation letter within 30 days of being contacted by a company.

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Better Credit Blog

OCTOBER 2, 2020

Give one of the three strategies below a go to get the collection deleted from your credit report. Send in a debt validation letter. Send in a Debt Validation Letter. The benefits of the Fair Debt Collection Practices Act don’t stop with dictating how debt collectors are allowed to communicate with you.

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Better Credit Blog

AUGUST 25, 2020

If your credit repair situation is a complex one involving collections, liens , bankruptcy , and other issues, a credit repair service is well worth the cost. Even if your credit situation is more straightforward, a credit repair company can take the stress out of dealing with debt collectors. Use a Credit Repair Service.

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Better Credit Blog

SEPTEMBER 9, 2020

They can dispute claims, send debt validation letters, and keep debt collectors from harassing you. They’re also adept at handling more complex credit issues, like bankruptcies, liens, and charge-offs. Some popular complaints include: Deceptive debt collection methods. Threatening and harassing debtors.

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Sawin & Shea

FEBRUARY 9, 2021

When you’re deeply in debt, it feels as if debt collectors are always at your heels, grabbing at you for money. Bankruptcy finally frees you from this burden and allows you to shed old debt. But certain debts just refuse to die. This is called zombie debt. This is called zombie debt.

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Taurus Collect

NOVEMBER 15, 2023

Regulations around debt collection are strict, and experts from no cure no pay debt collection UK are here to help you navigate these waters. In this post, we will explore the rights and regulations governing debt collection in the UK. Dispute Unrecognised Debts: If you do not recognise a debt, dispute it.

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Troutman Sanders

JUNE 16, 2021

Med-1 Solutions LLC , an Indiana district court granted partial summary judgment for the defendant in a Fair Debt Collection Practices Act (FDCPA) case. At the time it received the notice of the plaintiff’s bankruptcy petition, the defendant did not have any active accounts for collection regarding the plaintiff.

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ABI

JANUARY 12, 2022

American Bankruptcy Institute Law Review Staff. . The Fair Debt Collection Practices Act (FDCPA) generally prohibits debt collectors from misrepresenting their identity or using unfair practices to collect debts. [1] By: Kimberly Moyal. John's University School of Law. 2] In Ward v. 2] In Ward v.

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Better Credit Blog

AUGUST 31, 2020

They’ll handle debt validation and inaccurate reporting, and they’ll negotiate a pay-for-delete agreement for you. They can also advise you on your other credit issues, helping you with bankruptcy , tax liens , and charge-offs. This act restricts debt collectors from overstepping and harassing debtors.

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Collection Industry News

SEPTEMBER 8, 2020

THE Fair Debt Collection Practices Act (FDCPA) is a federal law that was enacted in 1978 by the United States Congress to protect consumers from abusive debt collectors. Note, however, that the FDCPA applies only to third party collectors who collect debt for original creditors. Fremont Ave., LARRY YANG.

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Collection Industry News

DECEMBER 21, 2020

proposed sweeping legislation that would overhaul consumer bankruptcy law. The proposed changes generally make it easier for consumers to access the bankruptcy system and discharge their debts. Below is a discussion of 10 critical changes proposed in the Consumer Bankruptcy Reform Act of 2020 (CBRA).

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