Account Recovery

AUGUST 16, 2024

A District Court judge in Arizona has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that it is entitled to the statute’s bona fide error defense after garnishing a bank account where Social Security payments were deposited to satisfy a judgment. Learn More.

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Account Recovery

AUGUST 16, 2024

A District Court judge in Arizona has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that it is entitled to the statute’s bona fide error defense after garnishing a bank account where Social Security payments were deposited to satisfy a judgment. Learn More.

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Credit Corp

JUNE 3, 2021

Can debt collectors take money from your bank account to offset debts you owe them? But it takes a lot to get to that scenario, so if you’re not there yet you still have time to learn how to protect yourself from this type of collections activity. How to Open a Bank Account That No Creditor Can Touch. Joint accounts.

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Account Recovery

DECEMBER 26, 2024

Exemption laws, which protect a debtors income and assets in the event of a judgment or collection lawsuit are in the spotlight following the release of an annual report from the National Consumer Law Center, which attempts to shed light on what the advocacy group perceives to be the inadequacies of these protections.

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Nexa Collect

MARCH 12, 2021

Debt collection agencies in PR include Kinum , TSI , CICA, ILCA and Professional recoveries. Spanish and English-speaking debt collectors are required for Puerto Rico debt collection. Need a Collection Agency in PR? Puerto Rico is one of the states that regulate the collection of fees and interest. Contact us. 981p (12)).

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Jimerson Firm

JANUARY 26, 2023

When a judgment creditor in Florida attempts to collect on a judgment involving an individual, one mechanism for doing so is through a garnishment action of the judgment debtor’s bank account. Florida has a statutory garnishment process that judgment creditors must follow. See Florida Statute Chapter 77.

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Albuquerque Law

DECEMBER 14, 2021

million people across the United States had their wages garnished to pay debts. Wage garnishments are a common tactic creditors use to collect debts. We have discussed the important aspects of New Mexico’s laws regarding wage garnishments in previous blog posts. You can challenge garnishments. In 2020, more than 4.5

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Nexa Collect

JANUARY 19, 2022

If you think that ignoring written demands and calls from a collection agency will spare you from all the consequences, then you are wrong. Your credit card address, your USPS change of address, address on your most recent bills are collected by data aggregation companies and/or credit reporting agencies.

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Account Recovery

NOVEMBER 9, 2023

A new law that went into effect last week in Minnesota requires hospitals to check whether patients are eligible for charity care before sending an account to a third-party collection agency, while also placing new requirements when seeking to collect on a medical debt by garnishing wages or bank accounts of individuals.

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Nexa Collect

JUNE 21, 2023

If you ignore a debt collection agency, several potential consequences could affect your financial well-being and peace of mind: Persistent Contact : Debt collection agencies might persist in attempting to contact you through phone calls, letters, and possibly emails. This can be stressful and disruptive.

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Collections Law

JULY 25, 2024

Cohen & Associates LLC, our ethical commercial collections attorneys are well-known for their aggressive, relentless and innovative debt collection tactics. What is a bank attachment? A bank attachment is a powerful post-judgment collection tool. How is a bank attachment different than garnishment?

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Account Recovery

AUGUST 26, 2024

Judge Dismisses Remaining FDCPA Claim in BK Case A District Court judge in Illinois has dismissed the remaining claim in a Fair Debt Collection Practices Act case against a defendant, citing a lack of subject matter jurisdiction because the plaintiff lacked standing to sue. Collection Professionals, Inc. More details here.

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Collections Law

JANUARY 31, 2025

When you are pursuing a commercial collections lawsuit against a business debtor, it is easy to assume that payment is just around the corner. Cohen & Associates LLC, our commercial collections attorneys have more than 50 years of experience helping businesses collect unpaid debts. At Law Offices of Alan M.

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Direct Recovery

JUNE 24, 2020

With an unprecedented number of Americans filing for unemployment, debt collection has been harder than ever for collectors who are attempting to work from home, and business isn’t going to get any better on account of those $1,200 stimulus checks, especially here in California. Money Collected Must Be Returned. The Judgment Factor.

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Troutman Sanders

JANUARY 29, 2024

However, testimony later showed that the entity listed as holding the debt, Direct Merchants Bank, was not the actual creditor but rather a registered trademark owned by Metris Companies. Nineteen years later, the debt buyer filed a motion for proceedings supplementary to execution in state court to collect on the judgment.

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Nexa Collect

APRIL 27, 2021

Some debt collection agencies agree to remove the entry from the debtor’s credit report once the bill is paid off, but this is not common. The provision to remove credit report entry was allowed only to fix mistakes and not to be used as a tool for debt collection. Do not rush into credit reporting, use it wisely.

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Debt RR

AUGUST 3, 2020

This unpaid debt can lead to a serious problem for businesses: garnishment. Bank account garnishment can create serious cash flow blocks for companies of all sizes, and those cash flow problems can compound into other issues, like payroll concerns and late payments on other accounts.

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FFGN COLLECT NY

JUNE 3, 2020

With both consumers and small businesses receiving funds from the Paycheck Protection Program (PPP) and CARES Act, questions have come up as to whether these amounts can be frozen or garnished by debt collectors or creditors. Is garnishing PPP or CARES Act funds an option for satisfying outstanding monies owed to judgment creditors?

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FFGN COLLECT NY

FEBRUARY 20, 2025

The New York Civil Rules of Civil Procedure allow collection attorneys to execute judgments right away. Most judgment enforcement is done by the collection attorney without leave of court, which leads to quick action. The fee collection counsel charges to domesticate the judgment is based on the amount of time it takes.

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Credit Corp

JUNE 3, 2020

This includes opening a credit card account, getting a line of credit from your bank and obtaining financing for a big purchase. The company, creditor or collection agency has legal ways to pursue payment. The judgment creditor can then use that court judgment to try to collect money from you. This is known as wage garnishment.

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Nexa Collect

JUNE 27, 2023

Employ a Collection Agency : If the borrower is unresponsive or unwilling to pay, employ the services of a collection agency. The agency will then take over the task of contacting the borrower and attempting to collect on the debt. Offset Tax Refunds and Government Benefits : For federal student loans in the U.S.,

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Credit Corp

OCTOBER 25, 2020

If you’re not careful, old bank accounts can even affect your credit and the amount your debt will cost you over a lifetime. Find out more about the process and whether a bank can sue you for an overdrawn account below. That means you’re now $75 overdrawn and you owe that money back to your bank.

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Credit Corp

DECEMBER 14, 2020

Whether you have medical debt, credit card debt or unpaid student loans , getting calls or letters from debt collection companies can be frustrating. Can a debt collector collect after 10 years? Here’s an overview of the timelines for debt collection and what to do if you’re contacted about an old debt.

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The Kaplan Group

AUGUST 6, 2020

If your clients or customers owe you money, consider talking to a collection agency like ours for advice on how to solve the problem. You can then deal with the court ordered judgment collection process at a later date. We can also garnish payments from the debtors’ customers and garnish their credit card and Paypal accounts.

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Consumer Financial Services Law

OCTOBER 12, 2016

The Eleventh Circuit recently joined the First and Eighth Circuits in concluding that the FDCPA’s venue provision does not apply to post-judgment garnishment proceedings. Post judgment, the law firm filed a garnishment proceeding against the consumer’s bank seeking to collect on the judgment. 1692i(a)(2). Ray, CITE. “[A]s

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Better Credit Blog

APRIL 4, 2022

Regardless of what a debt collector might tell you, you have a lot of rights when it comes to how debt can be collected. Your rights come from the Fair Debt Collection Practices Act (FDCPA). This act lays out the rules debt collectors must follow when they attempt to collect a debt from you.

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Public Citizen

OCTOBER 29, 2020

The National Consumer Law Center issued a report on the impact of debt-collection during the pandemic and state laws that help, or harm, struggling families. Puerto Rico, and the Virgin Islands that protect wages, assets in a bank account, and property from seizure by creditors. “By

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Credit Corp

AUGUST 24, 2020

When you’re trying to conquer unpaid debts sent to collections, you’ll likely face some obstacles. Once you’ve accomplished these tasks, you may still be wondering how to pay collections to a debt collection agency. Find out how to pay collections below. Know Your Rights.

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Sawin & Shea

NOVEMBER 23, 2022

Judgment creditors can actually take money right out of your bank account, garnish wages from your paycheck, and put a lien on your real estate in order to collect what you owe. Creditors can, and most likely will, take you to court if you owe a debt such as a credit card or medical bills and cannot pay.

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Credit Corp

AUGUST 31, 2021

Can a debt collector collect after 10 years, for example? Can a debt collector collect after 10 years? Time-barred debts and your credit report What to do if you are contacted about an old debt COVID-19 and debt collections. Can a Debt Collector Collect After 10 Years? Find out in the informational guide below.

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Sawin & Shea

FEBRUARY 16, 2022

An automatic stay is an injunction prohibiting creditors from collecting debts. If you’re in an emergency situation such as wage garnishment, eviction, or pending repossession filing an emergency bankruptcy may be right for you. Those filing an emergency bankruptcy receive an automatic stay even before completing certain documents.

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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. The original lender or collection agency fails to collect within the statute of limitations. That collection agency may report the debt as owed to the credit bureaus.

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Collection Industry News

AUGUST 4, 2020

Democrat senators on Tuesday proposed legislation to prevent health care providers from actions such as wage garnishment in connection with medical debts. The COVID-19 Medical Debt Collection Relief Act , sponsored by U.S. wage garnishment, bank account seizure) during the covered period (i.e. Chris Van Hollen, D-Md.,

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Jimerson Firm

JANUARY 28, 2021

Compass Bank , 164 So. Liberty Bank , 87 So. Collecting the Deficiency Judgment. When the lender receives a deficiency judgment from the court, it can proceed to collect on that judgment against the borrower using conventional collection methods. 3d 49, 57-58 (Fla. 1 st DCA 2015). 5)(h), Fla. 3d 51, 53 (Fla.

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Collection Industry News

MAY 24, 2021

Andrew Cuomo (D) signed legislation on Thursday that blocks debt collectors from garnishing residents’ coronavirus stimulus payments. New Yorkers who are subject to a monetary judgment against their bank account will receive a notice indicating that the pandemic-related funds are protected. Source: site. New York Gov.

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Consumer Financial Services Law

OCTOBER 13, 2016

The CFPB’s Consent Order with Navy Federal Credit Union (“NFCU”) should provide a wakeup call for all community banks and credit unions as to how they conduct their internal debt collection efforts. As with many community banks and credit unions, NFCU conducted most of its collection efforts internally prior to the point of litigation.

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Stevens Lloyd

SEPTEMBER 27, 2018

At the Stevens-Lloyd Group, in addition to utilizing our unique blend of incorporating phone calls, strong written communication skills and litigation, we also utilize more advanced debt collection techniques. These include Writs of Execution, Bank levies, and Wage garnishments. Bank Levies. What is a Writ of Execution.

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