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New York District Court Approves Class Action in FDCPA Case Alleging Improper Debt Assignment Notification

Troutman Sanders

Palisades Acquisition XVI, LLC , the plaintiff incurred a credit card debt, which was later assigned to a new creditor. In 2007, the new creditor commenced an action to recover the debt and obtained a default judgment against the plaintiff. The default judgment was later assigned to Palisades Acquisition. In McCrobie v.

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Law Firm's Garnishment Activities Do Not Violate FDCPA

Consumer Financial Services Law

Palisades Acquisition XVI, LLC, 635 F. The case arose from the law firm’s post judgment efforts to garnish wages. After serving a garnishment summons, the consumer claimed the funds as exempt. The defendants then made four additional attempts to garnish funds. See, e.g., Hemmingsen v. Messerli & Kramer, 674 F.3d

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

Another revision makes it mandatory for hospitals seeking to garnish a patient’s wages or bank accounts to include with the summons and complaint initiating such action an “affidavit of expert review” making various certifications.