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Domestication of Foreign Judgments 101

Jimerson Firm

Judgment creditors are often faced with the question of how to collect an out-of-state judgment (also commonly referred to as a foreign judgment) in Florida. Once the foreign judgment is domesticated, the judgment creditor may pursue post-judgment collections efforts in Florida. 55.501, Fla. 55.505, Fla.

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Law Firm's Garnishment Activities Do Not Violate FDCPA

Consumer Financial Services Law

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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Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter

Troutman Sanders

to extend protection of COVID-19 payments from garnishment and amend the required notice to judgment debtors to inform them of an additional category of exempt funds described as emergency relief payments. For more information, click here. On October 16, the Virginia General Assembly voted to amend VA Code § 8.01-512.4

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DEBT COLLECTION INDUSTRY DEEMS ITSELF ESSENTIAL TO “FINANCIAL HEALTH” OF CONSUMERS, FIGHTS COVID-19 SHUTDOWN

Collection Industry News

Sherrod Brown, D-Ohio, has sponsored legislation that prevents debt collectors from engaging in a variety of practices, such as disconnecting utility services or garnishing wages, until 120 days after a major disaster or emergency such as the current coronavirus crisis. All of this has the industry deeply concerned.

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Debtor’s Actions Immediately After Default Doom Time Barred ECOA Claim

Consumer Financial Services Law

While the bank previously accepted late payments during a “grace period,” Mercantile did not accept any late payments from the Guys after January 2008, and Mercantile eventually seized the Guys’ real property, foreclosed on other collateral, garnished their wages, and obtained a deficiency judgment against them.

Loans 40
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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

On May 18, the House Financial Services Committee Subcommittee on Digital Assets, Financial Technology, and Inclusion hosted a hearing, titled “‘Stable’ in ‘Stablecoins’: How Legislation Will Help Stablecoins Achieve Their Promise.” For more information, click here. The law will take effect July 1.