Remove Collection Companies Remove Creditors Remove Judgment
article thumbnail

Compliance Digest – October 21

Account Recovery

Plaintiff hired counsel and disputed the debt arguing, in part, that the balance sought was incorrect because Plaintiff did not see a credit for the $2,000 judgment Plaintiff obtained against Defendant in Maryland state court related to his claim for breach of implied warrant of habitability. More details here. Common sense prevails here.

article thumbnail

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.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

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.

article thumbnail

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

article thumbnail

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).

article thumbnail

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.

article thumbnail

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.