article thumbnail

Tenth Circuit Affirms Summary Judgment in Favor of Defendant in FDCPA Case on the Basis of Claim Preclusion

Troutman Sanders

Court of Appeals for the Tenth Circuit upheld a trial court’s order granting summary judgment in favor of a debt buyer holding that claim preclusion barred the plaintiff’s claims brought under the Fair Debt Collections Practices Act (FDCPA) and Utah’s Unfair Claims Settlement Practices Act (UCSPA). The decision in McMurray v.

article thumbnail

“Consumer Debt” and Collection Letters: Arizona District Court Denies Plaintiff’s Motion for Partial Judgment on the Pleadings

Troutman Sanders

Germain Law Office PLC , an Arizona District Court denied a plaintiff’s motion for partial judgment on the pleadings in a Fair Debt Collection Practices Act case. The defendant sent the plaintiff a collection letter in December 2019 and represented the vehicle seller in a state court suit to collect the debt in January 2020.

Insiders

Sign Up for our Newsletter

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

article thumbnail

What Is the Automatic Stay in Bankruptcy?

Nerd Wallet

The automatic stay temporarily halts most judgments, collection activities, foreclosures and repossessions of the consumer’s property, which is known as the bankruptcy estate. The moment a consumer files for bankruptcy, such as Chapter 7 or Chapter 13, an automatic stay typically takes effect immediately.

article thumbnail

How To Remove Fairway Collections From Your Credit Report

Better Credit Blog

Are collections accounts weighing heavily on your credit report? If you’ve fallen behind on any of your accounts, you could find Fairway Collections on your credit report. As long as the collections entry stays on your report, it’s hurting your score. About Fairway Collections. Self-pay collections.

article thumbnail

How To Remove First National Collection Bureau From Your Credit Report

Better Credit Blog

Whether you came across First National Collection Bureau while checking your credit or received a phone call or letter from the agency, you need to respond quickly. As long as a collections account is on your report, it hurts your credit, not to mention adding stress to your daily life. What Is First National Collection Bureau?

article thumbnail

How To Remove AWA Collections From Your Credit Report

Better Credit Blog

Is AWA Collections flooding your phone and mailbox, claiming that you owe them money? Or were you alerted to a new entry from the collections agency on your credit report? What Is AWA Collections? AWA Collections isn’t a well-known name, but it is a legitimate one. Steps to Remove AWA Collections from Your Credit Report.

article thumbnail

How To Remove FCO Collections From Your Credit Report

Better Credit Blog

If you’ve received calls or letters from FCO Collections or noticed the name on your credit report, you probably have questions. Collections agencies like FCO may show up on your report when you forget to pay a bill or fall behind on your payments. About FCO Collections. Fair Collections & Outsourcing Inc.