Collections Law

JULY 28, 2023

Large businesses and corporations that encounter nonpayment of business debt may assume that getting a court judgment against the non-paying company is all that is necessary. There are companies who will still withhold payment even after a court judgment. When they do, you need an attorney who knows how to collect on a judgment.

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Judgment Collections Creditors Debtor 90

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 […] (..)

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Judgment Fair Debt Collection Collections Bankruptcy 148

Account Recovery

MAY 17, 2022

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.

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Judgment Fair Debt Collection Collections 238

Account Recovery

JANUARY 23, 2023

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.

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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.

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Judgment Fair Debt Collection Collections 246

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

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.

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Judgment Credit Card Debt Collections 130

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, […]

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Judgment Fair Debt Collection Collections 130

Account Recovery

AUGUST 2, 2023

The Court of Appeals for the Tenth Circuit has affirmed a summary judgment ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act because it was not licensed as a collection agency when it filed a lawsuit to collect on an unpaid debt. A copy of the ruling […]

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Judgment Fair Debt Collection Collections Collection Agencies 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

NOVEMBER 30, 2020

A $24 million judgment has been entered against a collection agency and one of the agency’s co-owners has been ordered to divest himself of his ownership stake in the company that purchased the collection agency in question after it was accused by the Federal Trade Commission of collecting on “phantom” payday loans, “purported” (..)

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Collection Agencies Collections Agency Judgment Collections 147

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.

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Judgment Creditors Collections 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 (..)

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Judgment Fair Debt Collection Collections Credit Management 243

Collections Law

DECEMBER 6, 2023

Collecting on a foreign judgment from a debtor in another state can be complicated, but not impossible. Cohen & Associates LLC, we regularly counsel out-of-state clients on debt collection from their debtors who have assets in Massachusetts. After 30 days, the judgment is executed in Massachusetts.

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Collections Law

OCTOBER 5, 2023

Collecting on a foreign judgment from a debtor in another state can be complicated, but not impossible. Cohen & Associates LLC, we regularly counsel out-of-state clients on debt collection from their debtors who have assets in Massachusetts. After 30 days, the judgment is executed in Massachusetts.

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Judgment Collections Debtor 52

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 148

Judgment Fair Debt Collection Collections 148

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 (..)

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Judgment Fair Debt Collection Collection Agencies Collections Agency 246

Account Recovery

DECEMBER 7, 2023

A District Court judge in Texas has granted a plaintiff’s motion for default judgment in a Fair Debt Collection Practices Act case against a collection agency — 18 months after the parties had reached […]

Judgment 130

Judgment Fair Debt Collection Collection Agencies Collections Agency 130

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 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.

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Judgment Fair Debt Collection Collections 233

Account Recovery

DECEMBER 28, 2022

JUDGE GRANTS MTD IN FDCPA CASE OVER LACK OF INTEREST DISCLOSURE ON MVN We were so close to what I think would have been our first ruling on the safe harbor of using the Model Validation Notice, but a District Court judge in Utah ruled a plaintiff lacked standing to pursue his Fair Debt Collection … The post Daily Digest – December 28.

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Judgment Fair Debt Collection Collections 246

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.

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Judgment Healthcare Collections 246

Account Recovery

NOVEMBER 12, 2021

Is it possible for an individual to sue a debt collector for violating the Fair Credit Reporting Act and Fair Debt Collection Practices Act for allegedly attempting to collect a debt that the individual believes he did not owe, when the individual took no action against the original creditor for placing the allegedly illegitimate debt … The post (..)

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Judgment Fair Debt Collection Debt collector Original Creditor 243

Account Recovery

SEPTEMBER 25, 2023

In a case that was defended by Rick Perr and the team at Kaufman Dolowich, a District Court judge in Illinois — on his own motion — has granted summary judgment in favor of a defendant on the remaining two counts in a Fair Debt Collection Practices Act case, ruling that using a local number […]

Judgment 148

Judgment Fair Debt Collection Collections 148

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 (..)

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Judgment Fair Debt Collection Collections 235

Account Recovery

APRIL 11, 2022

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 (..)

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Judgment Fair Debt Collection Collections 246

Account Recovery

MAY 16, 2022

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 million in restitution to those impacted by the debt collection scam, up to $900,000 in civil penalties, and a permanent ban for the owner of … The post Ariz.

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Judgment Collections 246

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 (..)

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Judgment Fair Debt Collection Debt collector Collections 246

FFGN COLLECT NY

APRIL 23, 2024

New York debt collection laws allow judgment creditors many ways to collect from debtors. One option available is to take over or “charge” a judgment debtor’s interest in an LLC or limited liability company. NY Civil Practice Law and Rules Article 52 is the go-to statute for judgment enforcement in New York.

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Judgment Judgment Enforcement Debtor Creditors 52

Account Recovery

MAY 12, 2023

A District Court judge in Pennsylvania has dismissed a plaintiff’s Fair Debt Collection Practices Act suit on his own, without even needing a motion from the defendant, ruling the plaintiff’s attempt to sue the defendant after it obtained a default judgment is “not plausible.” …

Judgment 130

Judgment Fair Debt Collection Collections 130

Account Recovery

MARCH 15, 2022

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 (..)

Judgment 246

Judgment Fair Debt Collection Collections 246

Account Recovery

APRIL 19, 2021

A District Court judge in Arizona has awarded more than $17,000 in damages and attorney’s fees to a plaintiff who obtained a default judgment against a collection agency for allegedly violating the Fair Credit Reporting Act by furnishing inaccurate information because it reported a delinquent account that was more than seven years old.

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Judgment Collection Agencies Collections Agency Collections 225

Account Recovery

MAY 5, 2023

The post Judge Grants Partial Summary Judgment for Plaintiff in FDCPA Case appeared first on AccountsRecovery.net.

Judgment 130

Judgment Fair Debt Collection Collections 130

Collections Law

AUGUST 9, 2023

In our experience in business-to-business collections, debtors frequently withhold payment even when creditors have obtained legal judgments against them. In Massachusetts, getting a legal judgment may be only the first step in a collections case. Cohen & Associates LLC in order to collect a commercial debt.

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Judgment Collections Debtor Creditors 52

Account Recovery

JANUARY 16, 2024

A District Court judge in Nevada has denied competing motions for summary judgment from both the plaintiff and the defendant in a Fair Credit Reporting Act case related to whether the investigation conducted by the defendant was adequate or not after the plaintiff disputed the debt.

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Judgment Collections 130

Jimerson Firm

NOVEMBER 8, 2023

Judgment creditors are often faced with the question of how to collect an out-of-state judgment (also commonly referred to as a foreign judgment) in Florida. Once the foreign judgment is domesticated, the judgment creditor may pursue post-judgment collections efforts in Florida. 55.501, Fla.

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Judgment Debtor Creditors Garnishment 59