Taurus Collect

NOVEMBER 15, 2023

They should also provide information about the debtor’s right to dispute the debt. As a debtor, you have the following rights: Right to Privacy: Debt collectors are not allowed to share information about your debts with anyone else except your attorney or the original creditor.

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Credit Corp

NOVEMBER 9, 2020

The name of the original creditor to whom the debt is owed. Sometimes, collectors may be allowed to make a claim if they have taken the consumer to court and received a court-approved judgment. The law: Collectors can call third parties such as family members, neighbors, friends, or co-workers only once to locate the debtor.

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Debt RR

AUGUST 3, 2020

Routine phone calls: Demand letters are a formal process that gives debt collectors leverage if they have to sue for the balance owed, but phone calls are the most common way commercial debt collection agencies will use to try to communicate with debtors. Can Commercial Debt Collectors Pursue Debtors at Home?

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BN Lawyers

JANUARY 14, 2019

The district court granted summary judgment, holding that Trott had ceased collection of the debt because Trott itself performed no more activity. The Court of Appeals held that this publication of notice “qualifies under the FDCPA as an ‘initial communication’ with the debtor.”.

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Debt RR

DECEMBER 13, 2019

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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Credit Corp

AUGUST 31, 2021

But they also know that most borrowers who are sued for old debts won’t show up in court, and the judge will issue a default judgment. If your debt is past the statute of limitations at this point, you can re-open the default judgment and ask the judge to vacate it because it is time-barred. The creditor closes your account.

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FDCPA Defense

NOVEMBER 11, 2014

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)(4). 1692g(a)(5). at § 1692g(a)(4), (5). at § 1692g(b).

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FDCPA Defense

MARCH 2, 2014

One method for identifying areas of potential concern, however, is to analyze the recent enforcement actions by the CFPB and other regulators filed against debt buyers and original creditors. Enforcement actions filed against original creditors can also provide guidance to debt buyers and other collectors about areas of CFPB concern.

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FDCPA Defense

JANUARY 28, 2012

Even original creditors, who are not subject to the FDCPA, are being drawn into FDCPA litigation under various theories of recovery. For this reason, original creditors are not subject to the FDCPA (except in very limited circumstances). Debt buyers are being sued based on the conduct of their agencies and law firms.

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FDCPA Defense

JANUARY 22, 2017

As you evaluate your firm’s risk to these cases, you will want to review every consumer-facing interaction of the firm top to bottom, including any letter forms utilized, your standard telephone practices and voicemail messages, the complaints, pleadings, discovery requests, and the post-judgment collection practices you employ. LLC , 817 F.3d

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