Collections Law

JULY 6, 2021

Cohen LLC, you will find that the process of domesticating and enforcing foreign judgments against your debtors is a much more straightforward process than one would typically expect. Filing of Judgments. For out-of-state creditors, the commercial litigation collections lawyers at Law Offices of Alan M.

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Collections Law

JANUARY 13, 2023

It is extremely frustrating to discover that your debtor owes other people a lot of money. The more debt they have out there, the smaller the slice each creditor can get, right? If your debtor hasn’t declared bankruptcy, there are several ways we can use to try to get you paid, even if you don’t have collateral or a court judgment yet.

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Stevens Lloyd

DECEMBER 13, 2018

You have initiated a lawsuit and won a Default Judgment against the debtor. Judgments are worthless unless you can locate and garnish the debtor’s assets, however. Extracting money from judgments necessitates obtaining significant information about the debtor as it relates to their assets.

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Collection Industry News

FEBRUARY 25, 2022

In Minnesota, a creditor may issue a garnishment summons to any third party “at any time after entry of a money judgment in [a] civil action.” Debtor brought suit under 15 U.S.C. Creditor appealed. Source- site. Rodenburg Law Firm is available at: Link to Opinion. 1692c(a)(2) of the FDCPA.

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FFGN COLLECT NY

AUGUST 11, 2021

If you have a judgment against a person who owes you a sizeable debt and had little success enforcing the judgment through traditional means, alternative options might afford better results. How to Enforce a Judgment Through Estate Distribution. How to Enforce a Judgment Through Estate Distribution.

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Nexa Collect

MARCH 12, 2021

Skip tracing, employment and asset tracking, locating real and personal property, investigating liens, judgments, and corporate filings with the local Secretary of State, are but a few of the methods used to recover your receivables. All that being said, in Puerto Rico interest is allowed on money judgments, at a rate of 6%.

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FFGN COLLECT NY

JUNE 24, 2022

Aside from judgments from family court, New York currently allows all judgment creditors the same opportunities to enforce their judgments. The remedies available differ based on whether the judgment is entered against a natural person, an individual, or a corporation. That is until now. Lien on Property.

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Troutman Sanders

AUGUST 29, 2023

Palisades Acquisition XVI, LLC , the plaintiff incurred a credit card debt, which was later assigned to a new creditor. In 2007, the new creditor commenced an action to recover the debt and obtained a default judgment against the plaintiff. The default judgment was later assigned to Palisades Acquisition.

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Collections Law

FEBRUARY 12, 2021

As a business owner, knowing the appropriate action that you can take to deal with out of state delinquent debtors is essential to the bottom line. Cohen LLC domesticate and enforce foreign judgments for clients outside Massachusetts. Domesticating Your Judgment. Cohen LLC use both techniques (although not at the same time!!)

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Collection Industry News

MAY 9, 2023

Introduction: When you’ve obtained a judgment in your favor, the next crucial step is enforcing it and recovering the owed amount. One significant aspect of the enforcement process involves locating assets belonging to the judgment debtor. Wage garnishment can be an effective strategy if you can locate their employer.

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Debt RR

AUGUST 3, 2020

This unpaid debt can lead to a serious problem for businesses: garnishment. Bank account garnishment can create serious cash flow blocks for companies of all sizes, and those cash flow problems can compound into other issues, like payroll concerns and late payments on other accounts. Can Debt Collectors Garnish Bank Accounts in Texas?

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Collections Law

APRIL 1, 2020

Collecting debts from debtors having assets in Massachusetts while you are in another state or a different country used to be difficult, even if you had a judgment against them. Massachusetts was among the few states that had not adopted the Uniform Enforcement of Foreign Judgment Act. Not Just Domestication — Enforcement, Too.

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Collections Law

NOVEMBER 9, 2020

Like nearly every other state as of 2020, Massachusetts finally adopted the Uniform Enforcement of Foreign Judgments Act, allowing out-of-state judgments to be domesticated by Massachusetts attorneys. How We Can File Foreign Judgments for Domestication By Registration. Cohen LLC has experience with. Registration vs. Litigation.

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FFGN COLLECT NY

NOVEMBER 30, 2022

In 2021, the allowable legal rate of interest that could be imputed on a consumer debt and added to a potential judgment against a consumer debtor was reduced from 9% to 2%. The state also recently imposed new requirements for supporting and additional documentation for creditors filing suit for consumer claims.

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Troutman Sanders

JANUARY 28, 2021

In more detail, Senate Bill 21-002 states that a judgment creditor shall not initiate or maintain a new extraordinary collection action except in accordance with the requirements set forth in the bill. Judgment creditors in Colorado will need to review this new bill and take steps to ensure strict compliance with its terms.

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Direct Recovery

SEPTEMBER 16, 2022

Assuming they have the necessary documentation to prove that a debt is legitimate, debt collectors can take California residents to court to obtain a judgment against them. As in any court situation, the burden of proof lies with the creditor, so any doubt about the accuracy of their claim will usually get the case thrown out.

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The Kaplan Group

AUGUST 6, 2020

This means that creditors can come after your personal assets to pay off business debt. Creditors can also try to “pierce the corporate veil” and seek payment from shareholders if you pay personal expenses with business funds. You can then deal with the court ordered judgment collection process at a later date.

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Collections Law

NOVEMBER 9, 2020

Like nearly every other state as of 2020, Massachusetts finally adopted the Uniform Enforcement of Foreign Judgments Act, allowing out-of-state judgments to be domesticated by Massachusetts attorneys. We file your judgment with the court clerk, who will then give notice to your debtor. Cohen LLC has experience with.

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The Kaplan Group

OCTOBER 19, 2020

You can learn more about FDCPA in our advice to consumer debtors. You may also be responsible for paying the costs of the creditor hiring a collection agency or legal costs. In our opinion, credit counselors generally do a much better job for both clients and their creditors. Garnishment. Default Provisions.

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Sawin & Shea

SEPTEMBER 27, 2023

Chapter 7 is also known as liquidation bankruptcy because in exchange for receiving a discharge of most kinds of debts, the debtor has to give up non-exempt assets. The money earned from these sales then goes to the creditors and any remaining balances on the debts are discharged. What Are My Exempt Assets?

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Consumer Financial Services Law

DECEMBER 21, 2016

The case arose from the law firm’s post judgment efforts to garnish wages. After serving a garnishment summons, the consumer claimed the funds as exempt. The defendants then made four additional attempts to garnish funds. Unifund CCR, LLC, 2016 U.S. LEXIS 168707 (Dec. The defendants moved to dismiss. Carney at * 12.

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Debt Free Colorado

MARCH 3, 2023

Are My Creditors capable of appealing My Bankruptcy? A court judgment that states that a person is not required to pay back some debts is given to those who abide by the bankruptcy laws and are granted a discharge. What Can’t Bankruptcy Do? What Should I Consider Before Filing for Bankruptcy? What Debts are Discharged in Bankruptcy?

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Public Citizen

OCTOBER 29, 2020

A new state survey from the National Consumer Law Center finds that not one jurisdiction’s laws meet basic standards so that debtors can continue to work productively to support themselves and their families. Puerto Rico, and the Virgin Islands that protect wages, assets in a bank account, and property from seizure by creditors. “By

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Stevens Lloyd

SEPTEMBER 27, 2018

These include Writs of Execution, Bank levies, and Wage garnishments. A writ of execution (otherwise called an execution) is a court order used to put a judgment of ownership into power after it’s obtained by the offense from a higher court. What is a Writ of Execution. Obtaining a Writ of Execution. Bank Levies.

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Collections Law

OCTOBER 5, 2020

When faced with this dilemma, don’t further waste your time and efforts chasing your debtor, spend your time making money and leave your bad debt recovery to the experienced and aggressive collections attorneys at the Law Offices of Alan M. Cohen LLC utilize aggressive, effective, and ethical practices to get the most out of your debtors.

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Debt Free Colorado

FEBRUARY 21, 2022

The Fair Debt Collection Practices Act (FDCPA) does not apply to original creditors or cover company obligations. It mandates that debt collectors post a bond to pay the amount owed to the creditor for whom they are collecting. Under the UCCC, consumers can take legal action against debtors. Repeatedly call you.

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Debt RR

AUGUST 3, 2020

A commercial debt collector works exclusively with B2B creditors that need to collect past due payments from other businesses. Negotiate payoff balances: In some cases, B2B creditors might authorize commercial debt collectors to make payment arrangements with their clients. What Do Commercial Debt Collection Agencies Do?

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Direct Recovery

APRIL 18, 2023

The commercial debt collection process typically involves everything from communicating with debtors about the amounts owed and negotiating payment terms to pursuing legal action and obtaining a judgment against a debtor and garnishing their wages.

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Sawin & Shea

JANUARY 25, 2022

If you miss payments and default on this type of debt, the creditor can seize the asset to liquidate it and apply those proceeds to the money you owe. In some cases, the assets or secured interest is something a creditor voluntarily agrees to in a lien; in other cases, the lien may be involuntary.

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Collections Law

JULY 1, 2020

You’ve tried everything in your power, but the debtor doesn’t respond or keeps making excuses to buy more time. A debtor who is unwilling to pay has to be pursued much more aggressively, and our diligent debt collection attorneys have the skills and knowledge to make this happen. Why Hire a Collections Attorney?

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Credit Corp

DECEMBER 14, 2020

If you have debt on your credit reports or are getting calls from a collection agency, you might wonder how long a debtor can try to collect these debts—and how long it can affect your credit score. Ask the creditor to send you written notice of the debt. That new judgment would have its own seven-year reporting period.

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Burr Forman

DECEMBER 4, 2020

On April 23, 2020, Governor Gavin Newsom issued Executive Order N-57-20 exempting stimulus payments and other COVID-19-related government financial assistance from attachment, levy, execution, or garnishment. On April 29, 2020, Governor Larry Hogan issued an executive order exempting CARES Act payments from garnishment under state law.

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Credit Corp

AUGUST 31, 2021

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. But they also know that most borrowers who are sued for old debts won’t show up in court, and the judge will issue a default judgment. The creditor closes your account.

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Credit Corp

NOVEMBER 9, 2020

It does not come into play for creditors collecting their own debts. The name of the original creditor to whom the debt is owed. The law: Collectors can’t threaten a lawsuit, criminal prosecution, wage garnishment, jail time, or a poor credit rating unless they have the legal authority to do so and intend to do so.

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Stevens Lloyd

JULY 30, 2018

Due to the skyrocketing ratio of import/export trade worldwide, it is imperative for creditors in the U.K. For foreign creditors, collecting debts in the United States can be daunting. Moreover, the legal system in America can favor the debtors in certain situations. Among all the nations the U.S.

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Debt RR

DECEMBER 13, 2019

Creditors usually send several notices prior to filing a complaint with the court. In fact, the creditor will need to show the court its attempts at collecting the debt and its notice of intent to sue in order to prove its case. There are two other conditions that must be met for a creditor to serve papers on a debtor.

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Credit Corp

MAY 1, 2024

Credit card debt forgiveness, also known as debt settlement, involves negotiating with creditors to reduce the amount owed on your credit card balances. While it can provide relief from overwhelming debt, it may have significant consequences, including damage to your credit score, tax implications, and potential legal actions from creditors.

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