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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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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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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Account Recovery

MARCH 17, 2021

BEDARD: BREAKING DOWN REGULATION F’S PROVISIONS ON TIME-BARRED DEBT COLLECTION The Consumer Financial Protection Bureau made a small, but important change from the proposed debt collection rule to the final version of Regulation F with respect to the liability that debt collectors face when attempting to collect on time-barred debts.

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Collections Law

MAY 29, 2023

You went to the trouble of getting a judgment against your delinquent debtor and now what? Luckily, Massachusetts law offers a way to follow the money after a judgment goes unpaid. Rule 69 of the Massachusetts Rules of Civil Procedure gives creditors the power to enter into a discovery process after the judgment has been entered.

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Account Recovery

NOVEMBER 30, 2020

FTC Secures $24M Judgment Against Collection Agency; Appeals Court Affirms Ruling in FDCPA Class Actio appeared first on AccountsRecovery.net.

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Collection Agencies Collections Agency Judgment Collections 147

Collections Law

DECEMBER 19, 2022

A foreign judgment is a judgment, decree, or court order outside of the Commonwealth of Massachusetts. Creditors can use certain legal tools to collect from deadbeat debtors, but the process requires following a complex legal process. How does a creditor collect on a foreign judgment? The first is by registration.

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Collections Law

MAY 10, 2022

When it comes to collecting commercial debt, you have many options. The experienced commercial collection attorneys at Law Offices of Alan M. Cohen LLC have been helping businesses successfully collect outstanding debt since 1994. For that reason, we often pursue these attachments even before the court issues the judgment.

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FFGN COLLECT NY

MARCH 31, 2023

Whether the defenses raised by the debtor are valid or not, a debtor defending a debt collection case can delay collection. If the case involves undisputed facts your attorney can request a summary judgment wherein your counsel makes a motion to the court requesting it applies the law to the undisputed facts and grants a judgment.

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American Profit Recovery

MARCH 15, 2024

It’s relatively inexpensive to file a claim, and if you have paperwork to back up your claim, your business will often achieve a favorable judgment. A small claims judgment is just that, an order from the court for the client to pay your business. In short, it becomes your responsibility to enforce that judgment.

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Collections Law

DECEMBER 27, 2021

Once you manage to receive a judgment from the court for the debt a client or customer owes you, your next step is collecting on that judgment. Cohen LLC, we know how difficult collection can be, even when you have a judgment. In some cases, post-judgment litigation is the right path to take.

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FFGN COLLECT NY

NOVEMBER 4, 2021

There is no state as liberal as New York when it comes to commercial debt collection and the enforcement of judgments against commercial entities. New York Civil Practice and Rules Article 52 grants the judgment creditor many liberties and privileges when it comes to enforcing a judgment.

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FFGN COLLECT NY

FEBRUARY 7, 2023

Most summons and complaints filed in New York debt collection cases are worded specifically with the necessary buzzwords and demand a certain sum. If the debtor defaults in the case, fails to appear or answer, the creditor’s debt collection attorney can then submit a judgment to the clerk for signature.

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Burr Forman

JANUARY 18, 2023

On January 11, 2023, the Third Circuit held that attempting to collect on a default judgment did not constitute using "'false, deceptive, or misleading' representations in connection with collecting the judgment" if the default judgment was later vacated. FBCS, Inc. , 21-3307, 2023 WL 154970, at *1 (3rd Cir.

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Collections Law

AUGUST 17, 2021

The entry of a judgment does not translate into payment in most cases. Winning is not the same as collecting. During the initial judgment case, the Massachusetts courts do not allow the creditor business to inquire into the debtor’s assets. A debt collection judgment changes this, however, allowing post-judgment discovery.

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FFGN COLLECT NY

DECEMBER 6, 2022

Can you use a New York debt collection judgment to lien a debtor’s co-op or condo? As a judgment creditor, you want to restrain, attach and lien as many of the judgment debtor’s assets in order to satisfy your judgment. Have a debt collection matter you need resolved?

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Collections Law

DECEMBER 5, 2019

Trying to collect on your foreign judgment can sometimes appear a futile effort with unfamiliar road blocks seeming to protect the judgment debtors. Cohen LLC apart from other collections lawyers is how we work with our clients. Our offices can be reached at 508-620-6900 or by emailing us at info@collections-law.com.

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Collections Law

MAY 7, 2021

Winning your case in court is often the easy part of the legal debt collection process; it’s collecting your payment post-judgment where things get challenging and require a bit of strategy. From here, we can determine which of our collection methods will be most effective for your scenario. Cohen LLC come into play.

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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 (..)

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Garnishment Judgment Fair Debt Collection Collections 130

FFGN COLLECT NY

JUNE 24, 2022

Aside from judgments from family court, New York currently allows all judgment creditors the same opportunities to enforce their judgments. The remedies available differ based on whether the judgment is entered against a natural person, an individual, or a corporation. Medical providers would lose this remedy to collect.

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Collections Law

APRIL 9, 2021

In theory, it should be as simple as collecting the monies owed to you and being on your way. Very often your initial attorney who obviously excels at winning the case for you does not know the ins and outs of debt recovery or post-judgment collection. Post-Judgment Discovery. But it rarely is that easy.

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Account Recovery

APRIL 19, 2024

The Court of Appeals for the Third Circuit has upheld a summary judgment ruling in favor of the defendants in a Fair Debt Collection Practices Act case, ruling that the plaintiff’s claims were outside the FDCPA’s one year statute of limitations and his attempt to request verification of the debt “was untimely by many years.”

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Account Recovery

NOVEMBER 21, 2023

The Court of Appeals for the Ninth Circuit yesterday overturned part of a dismissal of a Fair Debt Collection Practices Act suit, ruling that the defendant did not follow the proper sequence under Nevada law when renewing an unpaid judgment. What Happened: The defendant obtained a default judgment against the plaintiff in 1997.

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Fair Debt Collection Judgment 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.

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Collections Law

JULY 6, 2021

When partnering with the experienced commercial litigation debt collection attorneys at the Law Offices of Alan M. Cohen LLC, you will find that the process of domesticating and enforcing foreign judgments against your debtors is a much more straightforward process than one would typically expect. Filing of Judgments.

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Account Recovery

APRIL 8, 2024

A Utah Appeals Court has affirmed the lower court’s summary judgment ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act because it filed a collection lawsuit against the plaintiff when it was not licensed under the Utah Collection Agency Act.

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FFGN COLLECT NY

MARCH 25, 2024

Reports stated it may not be possible for the former president to bond the state’s nearly half-billion ($500,000,000) judgment. If Trump cannot post the bond and execution of the judgment is not stayed, the judgment can be enforced here in New York and elsewhere. A judgment creditor would issue a restraining notice to the bank.

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Lawyers Judgment Judgment Enforcement Collections 98

FFGN COLLECT NY

MARCH 25, 2024

At the time of the interview, Press had indicated that it may not be possible for the former President to bond the State’s almost Five Hundred-Million-dollar ($500,000,000.00) judgment. If the bond cannot be posted and execution of the judgment is not stayed, the judgment can be enforced here in New York and elsewhere.

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Lawyers Judgment Collections Judgment Enforcement 98

Collections Law

NOVEMBER 9, 2020

Like nearly every other state as of 2020, Massachusetts finally adopted the Uniform Enforcement of Foreign Judgments Act, allowing out-of-state judgments to be domesticated by Massachusetts attorneys. Once domesticated, we can use a series of collection methods, such as property attachments and injunctions, to make sure you get paid.

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Account Recovery

JANUARY 10, 2024

The Utah Court of Appeals has overturned the dismissal of a Fair Debt Collection Practices Act case against a collector that was sued for obtaining default judgments against a pair of plaintiffs on the grounds that it was not licensed properly in Utah when it filed the collection lawsuits and obtained the judgments, ruling the […]

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Fair Debt Collection Judgment Collections Debt Recovery 147

Account Recovery

APRIL 15, 2024

Being accused of calling someone a “mother [expletive]” when attempting to collect on a debt and then not responding to a motion of summary judgment filed by the plaintiffs is a bold strategy, but it might have more to do with the defendant not having a lawyer who is representing it anymore, and that might […]

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Lawyers Judgment Collections 130

Troutman Sanders

MARCH 6, 2023

A district court in the Northern District of California recently denied in part a motion for judgment on the pleadings in a case alleging violations of the Telephone Consumer Protection Act (TCPA), Fair Debt Collection Practices Act (FDCPA), and California’s Rosenthal Act involving collection texts sent to a consumer.

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FFGN COLLECT NY

JULY 13, 2021

Is your New York judgment valid? If so, you will need to know how to collect on a judgment so it can get you paid. Article 52 of New York State Civil Practice Law and Rules authorizes judgment enforcement in New York. Once the judgment is entered, you must provide the requisite notice of entry, if required.

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Account Recovery

APRIL 3, 2024

Judge Grants MTD in FDCPA Class Action Judge Denies MTD in FDCPA Class Action Over Post-Judgment Fees CPPA Issues First Enforcement Advisory; Focuses on Data Minimization 30 Companies Seeking Collection Talent WORTH NOTING: Some weird beach laws that are on the books in different locales across the United States … A lot of people think […] (..)

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Judgment Collections 147

Collections Law

APRIL 1, 2020

Collecting debts from debtors having assets in Massachusetts while you are in another state or a different country used to be difficult, even if you had a judgment against them. Massachusetts was among the few states that had not adopted the Uniform Enforcement of Foreign Judgment Act. Not Just Domestication — Enforcement, Too.

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FFGN COLLECT NY

MAY 14, 2021

When calling a New York debt collection lawyer for help pursuing or defending a judgment obtained in New York or elsewhere, one of the top questions asked is whether the judgment was obtained on the merits or on default. What Is a Default Judgment? What Is a Judgment Obtained on the Merits?

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