Credit Corp

JUNE 3, 2020

A judgment is an order issued by a court of law. When you borrow money, you are legally required to repay the debt. If they are successful, the court issues a judgment against you. What Happens After a Judgment Is Entered Against You? You should receive a notice of the judgment entry in the mail.

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Troutman Sanders

NOVEMBER 16, 2023

Court of Appeals for the Second Circuit issued a summary order affirming a district court’s holding that an emailed response to the plaintiff’s email did not constitute an “initial communication” under the Fair Debt Collections Practices Act (FDCPA). In Worley v. Simon, Meyrowitz & Meyrowitz, P.C. ,

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Collection Industry News

DECEMBER 21, 2020

According to the Bureau’s Consent Order, the Agency began purchasing and collecting on consumer debt beginning in 2012, and hired debt collection law firms to assist in their collection efforts by suing debtors in 2014.

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Troutman Sanders

JUNE 28, 2022

The creditor referred the account to a law firm, which served the consumer with a collection suit and obtained a default judgment for the balance. The law firm sent four post-judgment collection letters, demanding the $4,225.74 The consumer never made a payment on the judgment.

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Troutman Sanders

AUGUST 4, 2020

In a recent decision out of the Middle District of Tennessee, a medical provider’s third-party billing servicer did not qualify as a debt collector under the Fair Debt Collections Practices Act (“FDCPA”) because the debt was not in default when it was placed with the extended billing office.

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Troutman Sanders

SEPTEMBER 7, 2023

The Seventh Circuit Court of Appeals recently affirmed a district court’s dismissal of a suit holding that the plaintiff had not suffered a concrete injury, and therefore, lacked standing to assert a claim under the Fair Debt Collections Practices Act (FDCPA). Kohn Law Firm, S.C. The bank sold the debt to the defendant creditor.

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Collection Industry News

OCTOBER 27, 2020

The stipulated final judgment and order will require the defendants to pay $79,308.81 The post CFPB settles lawsuit filed against debt collectors and debt buyers for alleged violations of CFPA, FDCPA, and 2015 consent order appeared first on Collection Industry News. and Asset Acceptance Capital Corp.

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Collection Industry News

MAY 30, 2022

Upsolve, a nonprofit organization enabling people to file for bankruptcy on their own for free, wanted to create a program that would let non-lawyers give basic advice to New Yorkers facing debt-collection actions from lenders and third-party debt buyers. Volunteers would offer the advice after training, according to court papers.

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FFGN COLLECT NY

JANUARY 13, 2021

As of today, New York does not require licensing for collection agencies or collection law firms. As far as regulations and requirements within New York, the type of debt dictates which rules and regulations apply to debt collectors. Judgment enforcement and more are conducted without state court scrutiny.

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Collection Industry News

SEPTEMBER 8, 2020

Debt collection means requiring debtors to pay creditors outstanding due or overdue amount or property as obligated by a contract or by a decision of a competent State’s authority. In addition to debt collectors operating under Decree No. Creditors must have a legal basis and a set of evidence debt payment demand.

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Collection Industry News

DECEMBER 21, 2020

Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed.

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Consumer Financial Services Law

MARCH 23, 2021

District Court for the Eastern District of New York recently denied cross-motions for summary judgment on a debtor’s claim that a law firm’s validation notice constituted a meaningful attorney involvement violation of the FDCPA. The disclosure at issue placed the law firm in a somewhat awkward position.

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Collection Industry News

JUNE 1, 2023

Automated debt collection software, artificial intelligence (AI), and machine learning algorithms have improved efficiency, accuracy, and customer interactions. These technologies enable debt collectors to automate repetitive tasks, streamline workflows, analyze data more effectively, and personalize communication with debtors.

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Consumer Financial Services Law

FEBRUARY 18, 2019

2013), which joined the Fourth and Fifth Circuits in holding that non-judicial foreclosures are “debt collection” under the FDCPA, the Sixth Circuit held on January 11 that a law firm has an affirmative duty to “stop the clock” on an initiated foreclosure once it receives a §1692g(b) dispute from the debtor. Trott Law, P.C.

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Public Citizen

OCTOBER 24, 2020

.  In addition, the Symposium welcomes discussion over the recent decision by the Uniform Law Commission to address debt collection efforts by third-party debt collectors or buyers based on default judgments.    Selected papers are due after the Symposium on June 4, 2021.   

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FFGN COLLECT NY

FEBRUARY 10, 2021

That’s why it’s important to hire a reputable collection attorney that knows how to collect B2B debt properly. Hire A Law Firm That Specializes In Collecting B2B Debt. If they don’t have an easy time with your debt, they’ll just call the next debtor on their list. Collection agencies aren’t lawyers.

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Collection Industry News

FEBRUARY 25, 2022

Rodenburg Law Firm is available at: Link to Opinion. Rodenburg Law Firm is available at: Link to Opinion. 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.” A copy of the opinion in Ojogwu v. Creditor appealed.

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Collection Industry News

NOVEMBER 2, 2020

In early 2011, a default judgment was obtained against Barboza. In early 2019, a garnishment action was filed by Pallida in Denton County, Texas to collect on the default judgment. The court also found that the 2010 collection action was filed in the wrong venue and as such, the default judgment was obtained in an improper venue.

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Troutman Sanders

OCTOBER 28, 2020

In early 2011, a default judgment was obtained against Barboza. In early 2019, a garnishment action was filed by Pallida in Denton County, Texas to collect on the default judgment. The court also found that the 2010 collection action was filed in the wrong venue and as such, the default judgment was obtained in an improper venue.

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Better Credit Blog

APRIL 3, 2022

Portfolio Recovery will buy old debt for pennies on the dollar. By purchasing old debt, Portfolio Recovery becomes the debt collector, gambling that it can collect on the debt and make a profit. When you hear from Portfolio Recovery (or any other debt collector), let the agency know that you know your rights.

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Collection Industry News

JULY 19, 2021

Fair Credit Reporting Act did not require them to scrutinize sale agreements to determine debt ownership. The company and law firm names shown above are generated automatically based on the text of the article. Credit reporting company Equifax Inc. corporate offices are pictured in Atlanta, Georgia, U.S., September 8, 2017.

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BN Lawyers

MARCH 21, 2019

Obduskey, a homeowner, sued McCarthy & Holthus, asserting that the law firm had violated the FDCPA when it proceeded with a non-judicial foreclosure prior to responding to a timely request for debt validation under Section 1692g of the FDCPA. The “primary definition” of debt collector being “any person.in

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Indiana Consumer Law Group

NOVEMBER 26, 2016

Indiana Consumer Law Group/The Law Office of Robert E. Duff announces the recent filing of a lawsuit against Blatt, Hasenmiller, Liebsker & Moore, LLC, a debt collection law firm based in Chicago, Illinois. Such procedures would slow the conveyor-belt debt collection process to an intolerable degree.

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Troutman Sanders

FEBRUARY 14, 2022

LPA (Weltman), a law firm tasked with collecting the debt owed by Alina Khimmat, sent information, including Khimmat’s name, address, status as debtor, details of the debt, and other personal information, to a letter vendor hired to assist the firm in collecting the debt.

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Collections Law

JULY 1, 2020

Instead, they will help you collect on the debt by filing a lawsuit against the debtor, seeking and obtaining attachments on the debtor’s assets, and even garnishing their wages post-judgment so that you can get paid for your judgment debt. The Law Offices of Alan M. At the Law Offices of Alan M.

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Troutman Sanders

JANUARY 11, 2021

With these holdings, the Seventh Circuit stated that simply alleging a procedural violation, confusion, or annoyance under the FDCPA does not constitute an injury-in-fact and that plaintiffs need to show real harm resulting from their responses to debt collectors’ actions to have Article III standing in federal court. In Bazile v.

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UK debt collections

SEPTEMBER 2, 2021

To speed up this process you may choose to hire an experienced French law firm. . Debt collection attorneys in France have a five-step process to establish their plan of action when looking to recover your debtor’s unpaid dues. formal demand letter, interim injunction order).

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Collections Law

MAY 7, 2020

When we win your case, collecting the judgment may be made easier if monies were previously frozen by way of an ex parte bank or trustee attachment. The ex parte bank attachment is also a powerful tool our collections lawyers use to collect post judgment.

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FDCPA Defense

APRIL 17, 2019

Indeed, the “meaningful attorney involvement” theory has been embraced by the Consumer Financial Protection Bureau (“CFPB”) in its enforcement actions against large creditors’ rights law firms. The CFPB is expected to announce proposed debt collection rules in the near future that may incorporate the theory. What is the claim?

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Debt Free Colorado

MARCH 3, 2023

Every case is unique, and every case merits the careful consideration of a law firm dedicated to providing specialized bankruptcy solutions. Those who are no longer able to pay their debts can, however, start over through a legal process. However, how can you tell if your debt issue calls for such a drastic measure?

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FDCPA Defense

MARCH 23, 2015

Section 1692f(8) of the FDCPA prohibits a collector from using “any language or symbol, other than the debt collector's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.”

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FDCPA Defense

FEBRUARY 1, 2018

California law does not allow for a deficiency judgment following non-judicial foreclosure. This means that the foreclosure extinguishes the entire debt even if it results in a recovery of less than the amount of the debt.” The Avila Court also embraced the reasoning used by the Seventh Circuit in Miller v. 3d at 76-77.

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FDCPA Defense

JANUARY 28, 2012

Debt buyers are being sued based on the conduct of their agencies and law firms. Lawyers and agency owners are being sued based on the conduct of their clients and their collectors. How can debt collectors avoid liability for the conduct of others? What are the limits of vicarious liability under the FDCPA?

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FDCPA Defense

AUGUST 19, 2013

291 (1995), lawyers have known that if they seek to collect consumer debts for clients – even when doing so through litigation – they might qualify as a "debt collector" under the Fair Debt Collection Practices Act, 15 U.S.C. Click here for more information on what constitutes a "debt" under the FDCPA. Wadas , _ F.3d

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Troutman Sanders

MARCH 4, 2024

State Activities: On February 28, New York AG Letitia James (D) announced that her office secured more than $650,000 from a debt collection law firm and its subsidiary for filing allegedly frivolous lawsuits and “harming … New Yorkers.” s Municipal Regulations. regulations allow utilities 10 business days.

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Better Credit Blog

NOVEMBER 17, 2020

MBA Law Offices isn’t a name you’ve likely encountered outside of your credit report, but they are a legitimate company. Bluhm and Associates, the small debt collection agency/law firm is located in Texas and collects medical debts across the country. How Does MBA Law Offices/Capio Work?

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FDCPA Defense

MARCH 2, 2014

Telephone harassment, consumer disputes and voice mail messages were a focus of the July 9, 2013 Stipulated Order For Permanent Injunction and Monetary Judgment between the FTC and Expert Global Solutions, Inc., If you want information about your rights when you are contacted by a debt collector, please contact the FTC online at www.ftc.gov.”

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