Qualco

JANUARY 26, 2024

Over-indebtedness refers to situations where debtors face difficulties meeting financial obligations due to immediate payment challenges or chronic issues like insolvency, where debts outweigh assets. Financial institutions must align with this approach, closely monitoring each stage for proposed repayment plans.

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FFGN COLLECT NY

NOVEMBER 4, 2021

There is no state as liberal as New York when it comes to commercial debt collection and the enforcement of judgments against commercial entities. New York Civil Practice and Rules Article 52 grants the judgment creditor many liberties and privileges when it comes to enforcing a judgment. However, if the debtor does not have $1,000.00

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Jimerson Firm

NOVEMBER 8, 2023

Judgment creditors are often faced with the question of how to collect an out-of-state judgment (also commonly referred to as a foreign judgment) in Florida. Once the foreign judgment is domesticated, the judgment creditor may pursue post-judgment collections efforts in Florida. 55.505, Fla. 55.505(2), Fla. 55.509, Fla.

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Nexa Collect

APRIL 11, 2021

The debt collection industry has been through one of its most difficult periods in modern history, and the recovery looks slow and prolonged. A national and, at the same time, a global recession has been caused, not by financial crises, but rather by an unexpectedly devastating health issue.

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Jimerson Firm

FEBRUARY 10, 2022

Generally, if debtors owe a debt to a lender, and the lender cancels or forgives that debt for less than its full amount, the debtor is treated for income tax purposes as having income and may have to pay tax on this income by virtue of a 1099-C filing from the lender. Charging Off” Uncollectable Debt. 1.6050P-1(b)(2)(i).

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Qualco

NOVEMBER 7, 2023

Managing loan portfolios becomes a labyrinth for financial institutions in a financial ecosystem marked by unrelenting complexity and constant change. Consequently, financial institutions operate within an economy marked by contraction and sustained inflationary pressures.

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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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Burr Forman

DECEMBER 4, 2020

Financial institutions, servicers, lenders, and debt collectors must stay up-to-date on evolving federal and state laws stemming from the COVID-19 pandemic, as such laws impact all facets of consumer loan servicing and debt collection. This Bulletin serves as an update to that non-exhaustive compilation of information.

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Financial Institution Garnishment Collections Foreclosure 52

FFGN COLLECT NY

JUNE 23, 2021

Have you received an information subpoena and restraining notice related to a New York debt collection case? An information subpoena is a type of subpoena used by judgment creditors and their attorneys to reveal more information about the judgment debtor. The judgment debtor does not need to be in possession of these assets.

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FFGN COLLECT NY

JULY 7, 2022

As such, creditors and their attorneys are in the process of issuing amended income executions to the sheriff or marshal reflecting the decreased rate of interest retroactive to the original date of the judgment. An income execution (also known as a garnishment) is another manner of collecting a money judgment.

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FFGN COLLECT NY

JANUARY 20, 2021

Creditors and debtors alike often wonder how debt collection attorneys restrain bank accounts. This prevents the judgment debtor from removing deposits from the bank, brokerage, or other accounts, pending a determination of the creditor’s application. Before Judgment. After Judgment.

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Debt RR

AUGUST 3, 2020

Sometimes, that debt gets out of hand and businesses find themselves on the receiving end of calls from commercial debt collection agencies. Here’s everything businesses need to know about commercial debt collection agencies and how to manage communication without disrupting day-to-day operations. How Long Can a Debt be Pursued?

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FFGN COLLECT NY

JUNE 29, 2021

A judgment creditor, seeking to enforce a judgment has many ways to enforce a judgment in New York. The methods they use depend on the collecti0n lawyer’s strategy to satisfy the judgment or, at the very least, bring the judgment debtor to the table. One example would be a bank where the judgment debtor has an account.

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Fraser

SEPTEMBER 28, 2020

When a company files for bankruptcy and it owes you money, it means you have a “claim” in the debtor’s bankruptcy proceedings. A creditor with a claim must often take affirmative action by filing a “proof of claim” form in order to preserve and protect its rights to payment. What Happens if the Debtor Objects to My Claim?

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Debt RR

AUGUST 3, 2020

Bank account garnishment is a collection procedure that is authorized by a court. When a creditor or a government authority sues a business or individual for an unpaid debt, one of the options for settling is for the court to give the creditor the right to pull the funds from a bank account. Writ of Garnishment.

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Troutman Sanders

NOVEMBER 13, 2023

On November 6, the Bank of England, Financial Conduct Authority, and Prudential Regulation Authority issued guidance explaining how current and proposed regulatory regimes governing “e-money, stablecoins, and tokenised bank deposits” will interact, indicating that applicable financial institutions will be subject to dual or triple regulation.

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Consumer Financial Services Law

MARCH 30, 2020

In a related move, the Department of Insurance invoked statutory powers which require collection agencies and others licensed and regulated by the Department of Insurance to offer their customers the option to defer debt payments. Both orders are effective statewide and have the potential to affect business operations for the time being.

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Collection Industry News

DECEMBER 17, 2023

The situation warrants quick and coordinated action by debtor governments, private and official creditors, and multilateral financial institutions—more transparency, better debt sustainability tools, and swifter restructuring arrangements. Billion on Public Debt in 2022 appeared first on Collection Industry News.

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Collection Industry News

JANUARY 19, 2021

I am reporting a potentially fraudulent credit collection and reporting issue,” said a third. The firm, Capio Asset Servicing, came under investigation last year as part of Operation Corrupt Collector, an enforcement sweep of the debt-collection industry by federal and state officials. who represents debtors in collection cases.

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Debt RR

OCTOBER 13, 2019

Making bank deposits into a collection account. The financial institution or lender would file for a UCC and place a lien against the party to which they are lending money. UCC Blanket Lien: Blanket liens are used when a business or creditor has a vested interested in every asset in your company.

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Troutman Sanders

OCTOBER 16, 2023

NSF fees are distinct from overdraft fees, which financial institutions charge when they pay, rather than decline, a payment when the account lacks sufficient funds. The bill would amend Title 18 of the District of Columbia Official Code to allow, among other things, for the collection of personal property by affidavit.

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Financial services Student loans Student Loans Credit Unions 52

Troutman Sanders

MAY 17, 2021

House of Representatives passed the Comprehensive Debt Collection Improvement Act, a collection of bills intended to reform how debts are collected. On May 13, the Nevada Financial Institutions Division (NFID) extended its temporary guidance allowing employees of licensed collection agencies to work from home through July 31.

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FDCPA Defense

JANUARY 22, 2017

(This post is adopted from the materials presented at the CAI Law Seminar in Las Vegas, Nevada on January 20, 2017) Demystifying the FDCPA Class Action For HOA Attorneys Consumer attorneys have been filing FDCPA class actions against collection attorneys for decades, and the pace of those filings has increased sharply in the past ten years.

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