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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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? or after 9 p.m.

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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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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

MARCH 16, 2021

On top of phone calls, emails, and text messages, the Consumer Financial Protection Bureau (CFPB) will allow debt collectors to message you through Facebook, Instagram, Twitter, and almost any other social media channel. The new rule also loosens the restrictions on how often creditors can contact you. We are ready to help.

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Albuquerque Law

MAY 18, 2020

When individuals get calls demanding they repay their debt, it is easy for emotions, like fear and anxiety, to take over. However, one question remains: who is calling to collect the debt? Is it a creditor or a debt collection agency? After all, they both look to collect debts.

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Roths Child Law

NOVEMBER 7, 2020

Debt obtained from bankrupted finance company. Santander bought the debt from a financier going through bankruptcy, which made Santander the owner of the debt. Fair Debt Collection Practices Act applies to third-party debt collectors that are collecting debts on behalf of creditors.

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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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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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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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Credit Corp

JUNE 14, 2020

Suddenly, the debt reappears on your credit report, except now it’s a zombie debt. Zombie Debts and Judgments. If the original creditor went to court and obtained a judgment against you for a debt, the zombie debt cycle can be more complicated. Why Is Zombie Debt Such a Problem?

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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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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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Troutman Sanders

JANUARY 12, 2023

certified in writing or in Forster & Garbus’ computerized account management system, or any other software program that creates an electronic record, that the initiation of the collections suit complies with the requirements of the proposed order.

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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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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. These provisions mean that you may owe interest on unpaid debts.

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Direct Recovery

APRIL 18, 2023

They can also be available to work on a contingency basis, so the cost is only a portion of what they collect on your behalf. Legal Considerations for Business Debts There is a wealth of information available on the legal side of debt collection. In most cases, they do not apply to business debts.

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Better Credit Blog

OCTOBER 5, 2020

Try out one of the approaches below, and you could be collections-free in a few weeks. Get your debt validated. Get Your Debt Validated. The Fair Debt Collection Practices Act is great for a lot of reasons, one being that it requires collections agencies to present proof of a debt before you’re required to make a payment.

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Credits Inc

OCTOBER 16, 2019

Here is a detailed guide to help you understand more about a debt collection agency. A debt recovery agency is a company licensed to recover funds that are past due on behalf of creditors. Often, a creditor will seek their services after multiple failed attempts to recover their account receivables.

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Better Credit Blog

SEPTEMBER 21, 2020

Ask for Proof of the Debt. You could be contacted about a debt you’ve already paid or one that was never yours, to begin with. The Fair Debt Collection Practices Act safeguards you here, requiring collections agencies to verify your debt by providing documentation of it before they can collect.

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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.

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Better Credit Blog

OCTOBER 2, 2020

Write a debt validation letter. Write a Debt Validation Letter. According to the Fair Debt Collection Practices Act , a debt collector can’t require payment from you without first validating your debt. Credit repair companies also help out with issues like: Bankruptcy. Charge offs.

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Better Credit Blog

NOVEMBER 5, 2020

Here are three methods that may work: Ask RMS for proof that the debt is yours. Ask RMS for Proof the Debt is Yours. Thanks again to the Fair Debt Collection Practices Act, you are allotted 30 days to dispute a collections entry on your report. Pay a negotiated amount to get the entry deleted.

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Credit Corp

JULY 7, 2021

That’s what Credit.com reader Dave, who says he can’t afford to pay off the old debts he owes, asks: My credit card debt is roughly $12,000. I consulted a bankruptcy attorney. He said filing bankruptcy should not be my first option since the amount is quite low. 1, 2000, and it was later sent to collections, Jan.

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Better Credit Blog

OCTOBER 16, 2020

If you send Asset Acceptance a short debt validation letter (using our free template) within 30 days, the agency has to provide you with details about the debt. This should include information like who the original lender or creditor was, how much you owe, and your account number. Failing to validate the debt.

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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. Whatever method you choose, don’t put off dealing with LCA Collections another day. How Does LCA Collections Work?

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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

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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Better Credit Blog

OCTOBER 21, 2020

ARI collects on a variety of debts, like: Bankruptcy. Credit card debt. Retail debt. When you fall behind on payments, your debt could be turned over to a collections agency like ARI. Are you familiar with the Fair Debt Collection Practices Act ? Bloomington, MN 55437.

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Better Credit Blog

OCTOBER 21, 2020

ARI collects on a variety of debts, like: Bankruptcy. Credit card debt. Retail debt. When you fall behind on payments, your debt could be turned over to a collections agency like ARI. Are you familiar with the Fair Debt Collection Practices Act ? Bloomington, MN 55437.

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Better Credit Blog

SEPTEMBER 8, 2020

If you have a complicated credit situation, with liens, bankruptcies, or several debts in collections, you don’t have to face them alone. Even if your credit issues have a simple fix, a credit repair service can help, saving you from having to call and write to a collections agency. Hire a Credit Repair Service.

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Troutman Sanders

DECEMBER 20, 2022

On December 15, the Office of the Comptroller of the Currency, along with the Federal Financial Institutions Examination Council, released revised procedures for how its examiners will investigate financial institutions for Fair Debt Collection Practices Act compliance, incorporating Regulation F changes into their review.

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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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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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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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