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Can a Debt Collector Collect After 10 Years?

Credit Corp

Whether you have medical debt, credit card debt or unpaid student loans , getting calls or letters from debt collection companies can be frustrating. Each state has a law referred to as a statute of limitations that spells out the time period during which a creditor or collector may sue borrowers to collect debts.

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How will Hunstein v. Preferred Collection & Mgmt. Impact The Collections Industry?

Credit Management Company

Preferred Collection and Management Services, Inc. and what it could mean for the debt collection industry. The debt collection company electronically sent the following information to its third-party vendor: The consumer’s name and address. Name of the creditor. Background on This Case. Balance owned. 1692c(b).

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9th Cir. Reverses Trial Court Ruling in Favor of Defendant on FDCPA Claim Related to Bankruptcy

Collection Industry News

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. Wells Fargo , 276 F.3d

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How To Remove Portfolio Recovery From Your Credit Report

Better Credit Blog

Portfolio Recovery buys multiple accounts with old debt from companies that have given up and “charged off” the accounts. In other words, when the original creditor has been unsuccessful in collecting on a debt, it will write off the debt as a loss. How Portfolio Recovery Associates Works. This is called a charge-off.

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The Limits On Direct And Vicarious Liability Under The FDCPA

FDCPA Defense

Even original creditors, who are not subject to the FDCPA, are being drawn into FDCPA litigation under various theories of recovery. For example, generally speaking, the Act applies only to “debt collectors” who regularly attempt to collect debts that are “due another.” Retrieval Masters Creditor Bureau, Inc. , See Wadlington v.

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What's an Autodialer?

National Service Bureau

There has been a lot of discussion in the collections business about automated dialing equipment over the last few years as it relates to new industry regulation (the Telephone Consumer Protection Act, TCPA) and its application in practice. First, in a 2013 judgment of Nelson v.

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Concerns over prohibition against debt collection service

Collection Industry News

Entities are performing debt collection activities. Debt collection means requiring debtors to pay creditors outstanding due or overdue amount or property as obligated by a contract or by a decision of a competent State’s authority. Creditors must have a legal basis and a set of evidence debt payment demand.