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Risk & Reward: A Collection Agent’s Point of View

The Kaplan Group

In collections, we often have to weigh risk and reward and make similar calculations. When trying to decide what the riskier or safer course of action is, we consider not only the amount of money owed, but also the specific debtor company and management, the business sector and the economy in general. The Risk of Going to Court.

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Best practice tips for Legal Processes

CICM

The main options available are: Instruct a debt collection agency that has the time, expertise and resources to recover your debt. Make sure you fully understand the charging structure before agreeing and use an agency that is registered with the Credit Services Association. which secures repayment of the debt when the asset is sold.

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How Does Validation of Debts Work?

Credit Management Company

While many consumers are able to manage their debt load and stay current on their accounts, many businesses are finding themselves with uncollected debt and no proven collection strategy. Before you can collect on any debt, you need to validate the debt in accordance with the Fair Debt Collection Practices Act.

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Discharging Student Loan Debt: The Brunner Test

ABI

Generally, student loan debt will not be discharged in a case under title 11 of the United States Code (the “Bankruptcy Code”) unless there is a showing of “undue hardship on the debtor and debtor’s dependents.” 7] The debtor disagreed and filed a cross motion for Summary Judgment. [8]. 1] In Hull v. State Higher Educ.

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Personal Guarantees in Commercial Collection: How Helpful Are They?

The McHughes Law Firm

It is a prudent credit manager that attempts to obtain personal guarantees from the principals of an incorporated entity to which credit is being extended. Guarantees can be classified as being either guarantees of payment or guarantees of collection, and the distinction is important to recognize.

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7th Cir. Holds FDCPA Consumer’s Confusion And Hiring Attorney Not Enough For Article III Standing

Collection Industry News

Court of Appeals for the Seventh Circuit recently vacated judgment in favor of a debt collector against putative class action claims raised by a consumer that its collection letter violated the federal Fair Debt Collection Practices Act (FDCPA) by threatening action that could not legally be taken and amounting to a false representation.

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Avoiding Overshadowing Claims

FDCPA Defense

Section 1692g requires that within five days of the “initial communication with a consumer in connection with the collection of any debt” a collector must send the consumer a written notice containing, inter alia , the amount of the debt, and the name of the creditor to whom the debt is owed. Southern Oregon Credit Servs, Inc. ,