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8th Cir. Holds FDCPA Plaintiff Lacked Article III Standing In Garnishment Communication Case

Collection Industry News

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. The parties stipulated as to remedy, and the trial court entered final judgment awarding Debtor statutory damages plus attorney’s and filing fees.

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New York District Court Approves Class Action in FDCPA Case Alleging Improper Debt Assignment Notification

Troutman Sanders

District Court for the Western District of New York granted the plaintiff’s motion for class certification for alleged violations of the Fair Debt Collections Practices Act (FDCPA) relating to an allegedly improper debt assignment notification. The default judgment was later assigned to Palisades Acquisition.

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Colorado’s Moratorium On “Extraordinary” Collection Actions Extended Until June 2021

Troutman Sanders

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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Dealing with Debt Collectors

Debt Free Colorado

Does Colorado Law Protect Me From Debt Collectors? When collecting a debt from you, collection agencies must adhere to federal and state rules. Fortunately, the federal Fair Debt Collection Practices Act (FDCPA) protects all states. What is the Federal Fair Debt Collection Practices Act (FDCPA)?

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You’re in Debt: 9 Terms to Know

The Kaplan Group

FDCPA ( Fair Debt Collection Practices Act). The Fair Debt Collection Practices Act (FDCPA) is a federal law that restricts the behavior of collection agencies when they are attempting to collect money from individuals. The law does not apply to collecting from businesses. Garnishment.

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What Can I Keep if I File For Chapter 7 Bankruptcy?

Sawin & Shea

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.

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Texas Court Denies Defendants’ Motion to Dismiss FDCPA Claim Over Statute of Limitations Defense

Collection Industry News

Mario Barboza was a resident of Collin County, Texas when Pharia, LLC, successor in interest to defendant Pallida LLC, filed a collections action in 2010 in Denton County, Texas to recover the balance due on Barboza’s credit card. In early 2011, a default judgment was obtained against Barboza. Barboza), thus 1692i(a) did not apply.