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Sixth Circuit Decision Highlights the Risk of Initiating Collection Remedies During the FDCPA’s Validation Period

BN Lawyers

the defendant initiated non-judicial foreclosure proceedings during the consumer’s thirty-day FDCPA validation period. The scheduled sheriff’s foreclosure sale did not take place, and the motion for an injunction was stayed pending verification of the debt. Trott Law, P.C. ,

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What to do When You’re Served Papers for a Debt

Debt RR

There are two other conditions that must be met for a creditor to serve papers on a debtor. The ability to sue a debtor depends on the whether they have a registered address in the court’s geographic jurisdiction. Debts are often sold, so it may not be the original creditor filing the claim. Serve a Countersuit.

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Avoiding Overshadowing Claims

FDCPA Defense

Finally, the notice must contain “a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.” 1692g(a)(5). at § 1692g(a)(4), (5). at § 1692g(b). Pollard , 766 F.3d

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Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter

Troutman Sanders

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. You may access this interactive tool at [link]. For more information, click here. For more information, click here.

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For Attorneys Representing Community Associations: A Primer On FDCPA Class Actions And How To Avoid Them

FDCPA Defense

You will also want to evaluate all third party interactions that your firm engages in, such as contacts with relatives of the debtor, co-workers, interactions with consumer reporting agencies, and the procedures of the vendors that your firm employs, such as process servers. JQD, LLC , 2014 WL 3404945 (N.D. 3d_, 2016 WL 4651403 (7th Cir.