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Account Recovery
DECEMBER 1, 2022
The post Judge Grants MTD in FDCPA Case Over Creditor ID in Letter, Volume of Calls That Were Allegedly Harassing appeared first on AccountsRecovery.net.
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Account Recovery
MAY 8, 2025
But the Appeals Court disagreed.
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Roths Child Law
SEPTEMBER 21, 2023
Bankruptcy is a complex procedure that aims to give debtors a fresh start while ensuring creditors get as much repayment as possible. Understanding the automatic stay's role in bankruptcy The automatic stay is a temporary order that halts actions by creditors to collect debts from the person who has declared bankruptcy.
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Nexa Collect
NOVEMBER 1, 2021
Individuals can be legally forced to pay their debts with their cryptocurrency, but the creditor must have a judgment which states that the debtor is obligated to pay off the debt, including any cryptocurrency they own. Knowing whether or not the debtor owns crypto like bitcoin is of course a challenge.
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Collections Law
DECEMBER 27, 2024
Watching your debtor continue business as usual while they owe you money can be incredibly frustrating. You have a judgment in hand, yet your debtor seems unfazed, conducting transactions and collecting payments without a second thought to what they owe you. Stop your debtor from hiding assets through continued business transactions.
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Account Recovery
DECEMBER 30, 2024
Gretchen Whitmer, introduces substantial changes to how creditors can collect debts and what assets debtors can protect. Michigan Legislation, now awaiting the signature of Gov.
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Account Recovery
APRIL 8, 2025
The bill defines “debt settlement services” as any action or negotiation initiated on behalf of a debtor to obtain debt forgiveness. The bill defines “debt settlement” as the practice of acting as an intermediary between a debtor and creditor to reduce, settle, or alter debt terms. If passed, H.B.
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Account Recovery
MAY 12, 2021
A hospital in Alabama should serve as an example to every type of collection operation, be it a third-party agency, creditor, or otherwise, that transitioning away from letters and phone calls and promoting digital engagement with patients and debtors is the best way to thrive in today’s economy. Jackson Hospital is a $1.2
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Jimerson Firm
DECEMBER 10, 2021
Many secured creditors and equipment leasing companies have encountered defaulted debts, where the debtors and lessees retain possession of the collateral, including cars, boats, machinery, or other equipment. What Options do Florida Creditors Have for the Recovery of Personal Property? Self-Help Repossession.
Collect More
JANUARY 19, 2025
When was the last time you cut off a debtor who owed you money? And what breaks our heart is that forgiving, trusting creditors almost always fall for it. If there are multiple outstanding invoices on your customer’s Statement then unfortunately my friend, you have a problem. One of the oldest tricks in the book. It takes guts.
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Account Recovery
MARCH 10, 2025
ROBBIN LAW: After the New York Attorney General Letitia James (NYAG) recent crack downs on debt collectors violations of New Yorks Exempt Income Protection Act (EIPA), the NYAG has provided debtors with a guide on their rights under the EIPA. Just as recent as January 2025, the NYAG secured over $1million from Ouro Global, Inc.,
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UK debt collections
APRIL 11, 2025
The report issued by the CJC advises “The inability to enforce effectively through the County Court has destroyed confidence amongst creditors, The Civil Justice Centre was set up to advise the Lord Chancellor on Civil Justice. people, 28% of UK adults are said to be not coping financially according to Financial Conduct Authority data.
FFGN COLLECT NY
APRIL 16, 2025
Regardless of the type, the marshal serves as an agent to collect the creditors judgment. For an income execution, the upfront fee depends on whether you want the marshal to serve the first and second stages, and the judgment debtors employment status. It is the debtors responsibility to pay these fees to the marshal.
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Hudson Weir
DECEMBER 10, 2024
Again, one legal mechanism a creditor can consider when in such a situation is a charging order. Debt recovery options for unpaid invoices Ultimately, there are several steps that any creditor should take before considering a charging order, which is a court-issued and therefore, very serious. What is a charging order?
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Collections Law
DECEMBER 2, 2024
Unpaid debts present numerous challenges for creditors. One such challenge is when a debtor claims not to have the funds to pay their unpaid debts. If you are dealing with a suspicious debtor, our ethical commercial collections attorneys are relentless about pursuing unpaid debts. Is a debtor really out of cash?
Collections Law
NOVEMBER 13, 2024
You’ve gone through the trouble of obtaining a judgment against a debtor, yet here you are, now facing the frustration of having to find money to collect. The debtor seems to have vanished, taking their assets with them. If the debtor fails to appear, the court may issue a capias warrant, leading to their arrest.
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Jimerson Firm
MAY 30, 2024
The Bankruptcy Code provides debtors with a fresh start or an opportunity to reorganize their debts. In doing so, the Code requires all debtors to provide, under oath, a full disclosure of their assets and liabilities. Such property includes causes of action belonging to the debtor at the commencement of the bankruptcy case.
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Nexa Collect
APRIL 27, 2021
Simple Answer: Once the bad debt entry hits the credit report, the fear in the debtor’s mind is gone. You just used the most effective tool in debt recovery before giving enough time to the debtor to settle your unpaid bills. The debtor thinks “ What worse can happen? The fear in the debtor’s mind is gone.
Nexa Collect
SEPTEMBER 23, 2021
Several collection agencies have been using electronic mediums like emails, social media platforms, and SMS to contact debtors. To a standard person, it may appear that contacting a debtor either way (traditional or electronic) is the same, a contact made is a contact made regardless of the medium. In fact, many prefer it that way.
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Nexa Collect
JULY 28, 2020
Skip tracing techniques allow agents to track down debtors that have “skipped” out on their debts and are no longer reachable. Debtors Are More Likely to Pay A Collection Agency. When a debt passes from the original creditor to a collection agency, this escalation often makes debtors pay attention.
Nexa Collect
AUGUST 8, 2020
Skip tracing techniques allow agents to track down debtors that have “skipped” out on their debts and are no longer reachable. Debtors Are More Likely to Pay A Collection Agency. When a debt passes from the original creditor to a collection agency, this escalation often makes debtors pay attention.
PBWT
FEBRUARY 5, 2023
This post is about a junkyard, hogs getting slaughtered, and a bankruptcy judge poised to sanction a creditor and her counsel. More specifically, in this case, a junkyard is the location of the debtor’s property, which consists of “construction debris, scrap piles, tire mounds, collapsed trailers, and inoperable vehicles.”
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FFGN COLLECT NY
MARCH 18, 2025
Looking to execute on a judgment but need more information about the judgment debtors assets to collect? If so, you might consider a debtors exam. A debtors exam provides an opportunity for the creditor to question the judgment debtor and discover information related to the defendants assets.
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FFGN COLLECT NY
MARCH 6, 2025
A frequently asked question about New York debt collection is whether a creditor can recover the cost of collections, including attorney’s fees. The clause that provides for recovery must make it clear that the creditor is entitled to recover the cost of collection in the event of non-payment.
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Jimerson Firm
NOVEMBER 27, 2023
Any secured creditor, large or small, may encounter a situation in which it is preferable to retain or recover the collateral in a transaction without having to sell the collateral itself. The purpose of this article is to make creditors aware of what is and is not possible to do under Florida law. 679.609(1).
Sawin & Shea
AUGUST 17, 2022
In a Chapter 13 bankruptcy , the debtor agrees to a payment plan instead of having their property taken to pay creditors. In contrast, in a Chapter 7 bankruptcy , the bankruptcy trustee will often use property to help pay off creditors before the remaining debt gets discharged. Transferring or disposing assets before bankruptcy.
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FFGN COLLECT NY
APRIL 29, 2025
Wondering why your lawyer would convey a debtors low offer? This is true for both creditors and debtors. The debtor offered to settle for half. When I advised my client of the debtors intent, they agreed to take the initial offer if it was still on the table. There are times when an offer is downright insulting.
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Jimerson Firm
APRIL 9, 2024
When a court enters a civil money judgment, it creates a judgment debtor and a judgment creditor. If the judgment debtor fails or refuses to pay the amount of the judgment, the judgment creditor may elect to use statutory collection methods to partially or fully satisfy the judgment.
105 
Nexa Collect
MARCH 12, 2021
No collection agency is allowed to add collection fees onto the debtor’s outstanding balance even when the agency incurred those charges while doing business related to that debtor (10 P.R. 981p (12)). All that being said, in Puerto Rico interest is allowed on money judgments, at a rate of 6%. of the inhabitants unemployed.
PBWT
AUGUST 29, 2022
A bankruptcy court ruled that a creditor didn’t need to seek derivative standing to sue a liquidating trustee. The creditor, himself a trustee of the debtor’s employee stock-option plan, had standing to sue without prior court permission because his suit wasn’t brought on behalf of the bankruptcy estate.
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Jimerson Firm
DECEMBER 29, 2023
When a debtor files for bankruptcy, a creditor may be able to seek dismissal of the bankruptcy if the petition was filed in bad faith. This article will provide an overview of the options available to a creditor if a debtor with primarily consumer debts files for Chapter 7 bankruptcy. 11 U.S.C. §
FFGN COLLECT NY
NOVEMBER 12, 2021
But aside from the difference in cost advance, is the increase of the monetary limit in the civil courts good for creditors bringing debt collection claims in the New York state courts? Take for example New York Civil (Manhattan), where creditors who waited nine months for judgments pre-pandemic now find themselves with an 18-24 month wait.
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Roths Child Law
AUGUST 23, 2024
These creditors often use multiple ways to contact the debtor to demand payment. The automatic stay is a court order that prohibits creditors from trying to collect debts from someone who files for bankruptcy. When a person files for bankruptcy, the full balances they owe to creditors won’t be paid.
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Jimerson Firm
DECEMBER 27, 2023
When a debtor files for bankruptcy, a creditor may be able to seek dismissal of the bankruptcy if the petition was filed in bad faith. This article will provide an overview of the options available to a creditor if a debtor with primarily business debts files for Chapter 7 bankruptcy.
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PBWT
MAY 22, 2022
Since companies facing bankruptcy usually try to keep an anticipated filing quiet in order to prevent creditors from taking adverse actions, customers may unexpectedly lose control over their crypto assets. Furthermore, a debtor may use or sell its property either in the ordinary course of business or with court authorization.
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Nexa Collect
FEBRUARY 14, 2022
Say you are a collection agency, and your client (the original creditor) contacts you to tell that they have received a complaint from the debtor telling that your debt collector was very rude over the phone or felt threatened. Such complaints from debtors can get your client to worry about their reputation.
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Sawin & Shea
JANUARY 11, 2024
Medical bills, credit cards, payday loans, and struggling businesses – it can seem like the letters and calls from creditors will never stop. Since 2005, a debtor education course from an approved provider is mandatory for anyone who files for bankruptcy. Bankruptcy filings for both individuals and businesses are on the rise.
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Collections Law
JULY 25, 2023
We seek to freeze a debtor’s assets prior to obtaining a judgment so that there is an identifiable resource from which to get you paid. Once you get that judgment, we seek leave of the court to direct the person or entity which is holding the debtor’s seized assets to pay you. What if our debtor doesn’t own a cash business?
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Sawin & Shea
JANUARY 19, 2022
When you put the two together, it can cause debtors even more stress. A provision of bankruptcy is that debtors may not acquire any new delinquent balances while under the court’s supervision. Another thing to consider is that you could receive a 1099-C Cancelation of Debt from a creditor after receiving a discharge.
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Jimerson Firm
NOVEMBER 23, 2020
Self-Help Repossession: In Florida, a secured creditor may use self-help repossession to take possession of collateral, provided its efforts do not breach the peace. Florida case law provides that a breach of the peace occurs if the secured creditor enters the debtor’s land to repossess the collateral, without the debtor’s consent.
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FFGN COLLECT NY
DECEMBER 12, 2023
It is challenging to balance these factors for creditors who collect payments from debtors. As such, many creditors hire debt collection attorneys to ensure they comply with existing ethical and legal standards. However, adding a third party, such as an attorney, allows debtors to communicate and negotiate openly.
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Burr Forman
AUGUST 19, 2021
Erich Durlacher – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. Michael Hall – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Bet-the-Company Litigation, Litigation – Bankruptcy. India Vincent – Birmingham, Trademark Law. 2022 Best Lawyers in America.
105 
Nexa Collect
JANUARY 14, 2023
Extra costs to comply with these laws would be passed on to businesses /creditors, who are already unwilling to pay the current costs associated with hiring a professional debt collector. As of Nov 2021, The new debt validation notice format recommended by CFPB makes it easier for debtors to dispute the authenticity of debt.
130 
Troutman Sanders
JANUARY 29, 2024
As background, in 2002, the debtor and her then-spouse jointly filed a “no asset” Chapter 7 bankruptcy petition. She listed 45 unsecured creditors in her schedules of assets and liabilities, including the $7,400 credit card debt at issue. The court found this argument contrary to the plain text of the Bankruptcy Code.
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