Consumer Financial Services Law

OCTOBER 12, 2016

The Eleventh Circuit recently joined the First and Eighth Circuits in concluding that the FDCPA’s venue provision does not apply to post-judgment garnishment proceedings. Post judgment, the law firm filed a garnishment proceeding against the consumer’s bank seeking to collect on the judgment. 1692i(a)(2).

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Troutman Sanders

JANUARY 28, 2021

This bill modifies the limitations of certain debt collection actions enacted in Senate Bill 20-211 , most notably extending the moratorium on extraordinary collection actions from February 1, 2021 to June 1, 2021. Additionally, the notice must include very specific language — detailed in section 24-33.5-704.3(5)(a)(I)

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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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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. In most cases, they do not apply to business debts.

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Credit Corp

NOVEMBER 9, 2020

Knowing illegal debt collection practices can help identify when you’re being treated unfairly. The Fair Debt Collection Practices Act is a federal law that protects consumers against certain unfair collection practices. It does not come into play for creditors collecting their own debts.

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Debt RR

AUGUST 3, 2020

What Do Commercial Debt Collection Agencies Do? Debt collection agencies are organizations that attempt to collect debt on behalf of other businesses. A commercial debt collector works exclusively with B2B creditors that need to collect past due payments from other businesses.

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Better Credit Blog

APRIL 1, 2022

Numerous complaints state the company left over 25 voicemails on one customer’s phone alone in an attempt to collect a debt. Other complaints claim TSI threatened wage garnishment or property seizure, both of which they could not do. Debt Validation. If you can, try to settle with the original creditor.

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Credit Corp

AUGUST 31, 2021

How Long Can a Debt Collector Pursue an Old Debt? 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. In most states, they run between four and six years after the last payment was made on the debt.

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Collection Industry News

SEPTEMBER 23, 2020

Default Judgments in Debt Collection Cases. Many consumers who are sued for outstanding debts do nothing, and that is generally a big mistake. The survey data showed that more than 70% of debt collection suits ended in default judgments. That is 20 years! Finding flaws in the claim.

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Credit Corp

DECEMBER 14, 2020

If a debt is 10 years old but you were making payments under an agreement with the lender until 3 years ago, the debt is likely still within the statute of limitations and can be pursued by a debt collector. How Long Can a Debt Collector Pursue an Old Debt? Ask the creditor to send you written notice of the debt.

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Better Credit Blog

APRIL 3, 2022

Portfolio Recovery buys multiple accounts with old debt from companies that have given up and “charged off” the accounts. In other words, when the original creditor has been unsuccessful in collecting on a debt, it will write off the debt as a loss. You get to dictate how and when a debt collector contacts you.

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Debt Free Colorado

APRIL 1, 2021

Also, it’s a violation of the Fair Debt Collection Practices Act (FDCPA) for a third party debt collector to disclose information about your debts to others. CREDITOR : SPEEDY CASH SERVICES. You can’t garnish wages because you don’t have a judgment.

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Troutman Sanders

DECEMBER 20, 2022

On December 15, the Office of the Comptroller of the Currency, along with the Federal Financial Institutions Examination Council, released revised procedures for how its examiners will investigate financial institutions for Fair Debt Collection Practices Act compliance, incorporating Regulation F changes into their review.

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