Sawin & Shea

SEPTEMBER 27, 2023

Filing for bankruptcy can provide you with a much-needed second chance when it comes to your finances. If you are a victim of debt collector harassment, it’s important to know the debt collection laws, and consider your options for debt relief. What is Chapter 7 Bankruptcy?

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Troutman Sanders

JANUARY 20, 2023

Creditors and debt collectors may rest assured that they are not violating the Fair Debt Collection Practices Act (FDCPA) when sending debt-collection communications prior to any knowledge of a debtor’s bankruptcy filing. CICA Collection Agency, Inc. , In Carrasquillo v.

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Roths Child Law

NOVEMBER 7, 2020

Congress needs to enact laws expanding consumer protections against abusive debt collection, the U.S. Defendant debt collector Santander Consumer USA Holdings ultimately prevailed because it was not collecting money on behalf of a third party. Bankruptcy filings stop debt collections.

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Debt Free Colorado

FEBRUARY 21, 2022

Debt Relief Attorney Serving Colorado. Bankruptcy may appear to be a scary process, but it does not have to be. Dray Legal Office’s attorneys will endeavor to help you obtain a fresh start by eliminating debt and reorganizing your finances. Does Colorado Law Protect Me From Debt Collectors?

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Sawin & Shea

FEBRUARY 16, 2021

Are you receiving collection letters while working with a bankruptcy attorney ? Your bankruptcy attorney needs these letters because they could benefit you. Let’s take a look at why you should save collection letters and share them with your attorney. Some Collection Notices are Unlawful.

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Troutman Sanders

JANUARY 22, 2024

Court of Appeals for the First Circuit to reverse a district court’s decision finding that a debt collector lacked the requisite knowledge and intent to violate the Fair Debt Collection Practices Act (FDCPA) when it sent a debt-collection communication prior to any knowledge of the debtor’s bankruptcy filing.

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Credit Corp

FEBRUARY 23, 2024

We’ll also arm you with tools like Credit.com’s free credit report card to stave off the next wave of debt-related threats. Key Takeaways: Zombie debt arises based on collection agencies. It may be possible to settle zombie debt with your original creditor. How Does Zombie Debt Work?

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Sawin & Shea

MARCH 16, 2021

A new rule will soon allow debt collection messages through social media. It’s expected to impact 1 in 4 adult Americans, or 70 million people , who have at least one bill in collections. The new rule also loosens the restrictions on how often creditors can contact you. Will Creditors Really Contact Me On Social Media?

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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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Collection Industry News

APRIL 25, 2023

A debt doesn’t generally expire or disappear until its paid, but in many states, there may be a time limit on how long creditors or debt collectors can use legal action to collect a debt. Some debts, though, such as federal student loans don’t have a statute of limitations.

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Albuquerque Law

MAY 18, 2020

However, one question remains: who is calling to collect the debt? Is it a creditor or a debt collection agency? Many New Mexicans might believe that creditors and debt collectors are essentially the same. After all, they both look to collect debts. How are they different?

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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. The FDCPA Doesn’t Always Stop Zombie Debt.

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Direct Recovery

APRIL 18, 2023

Taking on debt is one of the most common ways to fuel a rapidly growing small business. But that debt can quickly become an anchor weighing down the entire company if growth sputters, and the resulting collections can be even more problematic than the debt in the first place. What is Commercial Debt Collection?

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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. ” If you’re based in the UK, the answer may surprise you.

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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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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. 1692f, to collect a debt. Crawford v. LVNV Funding, LLC , 758 F.3d 3d 1254 (11 th Circ. 443 (2007).

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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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Credit Corp

JUNE 14, 2020

The most common cases of zombie debt involve collection activities. Here’s one example of how a zombie might rise with help from a collection agency. You default on a debt. The original lender or collection agency fails to collect within the statute of limitations. Zombie Debts and Judgments.

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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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Troutman Sanders

JANUARY 12, 2023

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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Collection Industry News

SEPTEMBER 23, 2020

However, over the past several years, the civil courts in most states have been overrun by debt collection cases against consumers. Some key findings from the Pew research include: • Between 1993 and 2013, the number of debt collection cases filed annually more than doubled, from 1.7 million to about 4 million.

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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. Garnishment.

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Better Credit Blog

OCTOBER 2, 2020

Is AWA Collections flooding your phone and mailbox, claiming that you owe them money? Or were you alerted to a new entry from the collections agency on your credit report? If you’re wondering how best to proceed with a debt collector like AWA, we’ve got you covered. What Is AWA Collections? Dickson, TN 37055.

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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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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. Johnson, 823 F.3d 3d at 1341.

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Credits Inc

OCTOBER 16, 2019

Recovering outstanding debt from your customers is a difficult but essential part of running a successful business. As a business owner, when it comes to debt collection, you have a variety of options to choose from. You may be required to seek a business debt collection services agency to help you recover the money owed.

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Better Credit Blog

SEPTEMBER 9, 2020

Has LCA Collections recently appeared on your credit report recently? LCA Collections is a debt collection agency that specializes in medical debt. Instead, you should use the tips below to get the collections entry deleted from your credit report and put an end to their correspondence.

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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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True Accord

APRIL 5, 2023

With uncertainties about how the end of various pandemic-era benefits will impact consumers, it’s more important than ever for creditors and collectors to implement strategies that consider consumer situations and preferences when attempting to collect. What Does This Mean for Debt Collection?

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Collection Industry News

JULY 22, 2020

From the onset of COVID-19, debt collectors swiftly worked to assist the millions of Americans experiencing financial hardships caused by the pandemic through voluntary forbearance of collection activity and adjustments in response to changes in applicable law and regulations, and creditor customer requirements.

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Better Credit Blog

OCTOBER 5, 2020

Has your credit score recently taken a dive as a result of a collections entry from Penn Credit? Avoiding the problem won’t make it go away, but paying your debt won’t necessarily solve anything, either. It’s been in the business of collecting on consumer debts since 1987. Penn collection agency. Penn credit corp.

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Troutman Sanders

JANUARY 9, 2024

CICA Collection Agency, a First Circuit case in which the CFPB has filed an amicus brief. In that case, after an individual filed for bankruptcy, a debt collector sent the consumer a collection letter that said the consumer could be sued if they did not pay the debt — a process the CFPB believes is against the law.

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Better Credit Blog

SEPTEMBER 21, 2020

Has Capital Management Services contacted you claiming you owe them a debt? If you’ve been on the receiving end of calls and letters from a debt collection agency like CMS, it’s also negatively affecting your credit score. With a few simple strategies, you can get the debt collections agency removed from your credit report.

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Better Credit Blog

OCTOBER 16, 2020

Have a collections entry from Asset Acceptance LLC on your credit report? It’s important to deal with a collections agency like Asset Acceptance quickly. Fortunately, getting a collection entry off your report and putting a stop to the debt collector’s calls is simple and straightforward. Credit card debt.

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Better Credit Blog

NOVEMBER 5, 2020

Have you discovered a collections entry from Receivable Management Systems on your credit report? Collections entries can drop your credit score for years, hurt your future creditability, and add stress to your life. RMS has been operating in the debt collection industry since 1991, with its headquarters in Richmond, Virginia.

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Credit Corp

JULY 7, 2021

I consulted a bankruptcy attorney. He said filing bankruptcy should not be my first option since the amount is quite low. In California, is there a 3 or 4 years of limit by which the collection agency can file lawsuit? Can they still collect but not sue? Collections & Your Credit. Then what happens?

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Better Credit Blog

NOVEMBER 24, 2020

Especially since the start of this year, many Americans have been struggling to manage their bills or make payments on existing debts. If you have had an overdue bill move to collections, you may begin hearing from a company called ACS Inc. A collections account on your credit report will cause your score to drop significantly.

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