Appeals Court Upholds Dismissal of FDCPA Suit Over Garnishment
Account Recovery
MARCH 31, 2022
Court of Appeals for the Ninth Circuit Garnishment Washington Consumer Protection Act
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Appeals Court Upholds Ruling For Plaintiff in FDCPA Case Over Garnishment Jurisdiction
Account Recovery
MAY 2, 2022
The Court of Appeals for the Sixth Circuit has affirmed a lower court’s ruling in favor of a plaintiff who accused a collection law firm of violating the Fair Debt Collection Practices Act by obtaining a writ of garnishment in the wrong jurisdiction.
Judge Grants Judgment for Defendant in FDCPA Case Over Garnishment from Joint Bank Account
Account Recovery
DECEMBER 16, 2022
The post Judge Grants Judgment for Defendant in FDCPA Case Over Garnishment from Joint Bank Account appeared first on AccountsRecovery.net.
Fair Debt Collection Practices Act (FDCPA)
Better Credit Blog
AUGUST 31, 2020
Having debt in collections can be downright overwhelming, especially when debt collectors bombard you with dozens of phone calls. What Is the Fair Debt Collection Practices Act (FDCPA)? How the Federal Debt Collection Practices Act Protects You.
Daily Digest – December 9. Class Action Accuses Defendant of Not Including SOL Disclosure; Judge Grants TRO Blocking Arizona Garnishment Law
Account Recovery
DECEMBER 9, 2022
Class Action Accuses Defendant of Not Including SOL Disclosure; Judge Grants TRO Blocking Arizona Garnishment Law first appeared on AccountsRecovery.net.
Daily Digest – December 23. Industry Vows to Appeal Ruling Denying Challenge to Arizona Garnishment Law; Judge Grants MTD in FDCPA Class Action
Account Recovery
DECEMBER 23, 2022
Industry Vows to Appeal Ruling Denying Challenge to Arizona Garnishment Law; Judge Grants MTD in FDCPA Class Action first appeared on AccountsRecovery.net.
Judge Denies MTD on FDCPA Claims Over Garnishment Info Sent to Wrong Person
Account Recovery
APRIL 6, 2021
Patenaude & Felix Garnishment Judge John Coughenor MTD
Daily Digest – August 3. Judge Grants MSJ for Defendant in FDCPA Vicarious Liability Case; N.M. Announces Phased Restart to Garnishments
Account Recovery
AUGUST 3, 2021
Announces Phased Restart to Garnishments appeared first on AccountsRecovery.net.
Daily Digest – March 19. Judge Grants MSJ for Plaintiff Over Status of Debt; Toomey Blocks Anti-Garnishment Law
Account Recovery
MARCH 19, 2021
Judge Grants MSJ for Plaintiff Over Status of Debt; Toomey Blocks Anti-Garnishment Law appeared first on AccountsRecovery.net.
Daily Digest – May 2. Appeals Court Upholds Ruling for Plaintiff in FDCPA Case; New Video Series Launched
Account Recovery
MAY 2, 2022
APPEALS COURT UPHOLDS RULING FOR PLAINTIFF IN FDCPA CASE OVER GARNISHMENT JURISDICTION The Court of Appeals for the Sixth Circuit has affirmed a lower court’s ruling in favor of a plaintiff who accused a collection law firm of violating the Fair Debt Collection Practices Act by obtaining a writ of garnishment in the wrong jurisdiction.
WDNY Judge Grants Motion to Compel in FDCPA Case Over Alleged False Statements
Account Recovery
JUNE 23, 2021
Compliance FDCPA District COurt for the Western District of New York Garnishment Judge Frank Geraci Judgment Morrison v.
US House Bill Proposes Enhanced Garnishment Protections for Consumers
Troutman Sanders
OCTOBER 31, 2022
House of Representatives, seeking to protect a greater portion of consumers’ disposable income from garnishment. 9224) would amend the Consumer Credit Protection Act to raise the amount of a consumer’s disposable income protected from garnishment to $1,000 or 75%, whichever is greater.
Judge Approves $2M Settlement in FDCPA Case
Account Recovery
MAY 27, 2022
A debt collector in Oregon has agreed to pay $2 million to settle claims it violated the Fair Debt Collection Practices Act against a class of plaintiffs for charging an “issuance fee” of $45 when garnishing the assets of individuals with unpaid debts.
Daily Digest – May 27. Judge Approves $2M Settlement in FDCPA Case; Bill Introduced in N.C. to Limit Medical Debt Collection
Account Recovery
MAY 27, 2022
JUDGE APPROVES $2M SETTLEMENT IN FDCPA CASE A debt collector in Oregon has agreed to pay $2 million to settle claims it violated the Fair Debt Collection Practices Act against a class of plaintiffs for charging an “issuance fee” of $45 when garnishing the assets of individuals with unpaid debts.
The Fair Debt Collection Practices Act
Collection Industry News
SEPTEMBER 8, 2020
THE Fair Debt Collection Practices Act (FDCPA) is a federal law that was enacted in 1978 by the United States Congress to protect consumers from abusive debt collectors. Note, however, that the FDCPA applies only to third party collectors who collect debt for original creditors. It does not apply to the original creditor itself who uses its own employees to collect debt. He sends your $45,000 bill to a debt collector in LA.
8th Cir. Holds FDCPA Plaintiff Lacked Article III Standing In Garnishment Communication Case
Collection Industry News
FEBRUARY 25, 2022
Court of Appeals for the Eighth Circuit recently reversed a trial court’s judgment in favor of a consumer for claims of alleged violation of the federal Fair Debt Collection Practices Act, finding that the consumer lacked Article III standing to bring his claim in federal court as the consumer failed to allege or later show a concrete injury in fact. The Eighth Circuit found that Creditor’s mailing of the garnishment summons on Debtor caused him no tangible injury.
Daily Digest – September 14. Judge Grants MTD in Student Loan Collection Case; Unlicensed Debt Collector Arrested in N.C.
Account Recovery
SEPTEMBER 14, 2020
Judge Grants MTD in Student Loan Collection Case; Unlicensed Debt Collector Arrested in N.C.
Eleventh Circuit Holds Garnishment Proceeding Not Subject to FDCPA Venue Clause
Consumer Financial Services Law
OCTOBER 12, 2016
The Eleventh Circuit recently joined the First and Eighth Circuits in concluding that the FDCPA’s venue provision does not apply to post-judgment garnishment proceedings. Post judgment, the law firm filed a garnishment proceeding against the consumer’s bank seeking to collect on the judgment. The garnishment proceeding was filed in Cobb County, Georgia, where the bank was located.
Dealing with Debt Collectors
Debt Free Colorado
FEBRUARY 21, 2022
Debt Relief Attorney Serving Colorado. Dray Legal Office’s attorneys will endeavor to help you obtain a fresh start by eliminating debt and reorganizing your finances. In this article we will answer the question: What can debt collectors do to you? Debt & Collections
Filing Motion to Dismiss in State Court Waived Right to Removal, Holds Fourth Circuit
Troutman Sanders
DECEMBER 30, 2022
FIA Card Services, NA (FIA) obtained a default judgment in a collection action against Jerome Redman in West Virginia state court. FIA, through its counsel Javitch Block LLC (Javitch), then filed a wage garnishment action against Redman to collect the judgment.
You’re in Debt: 9 Terms to Know
The Kaplan Group
OCTOBER 19, 2020
Being in debt is nothing to be ashamed of. If you have always prided yourself on being debt free, or good with money, you might be tempted to simply pull the covers of your head and ignore your current situation. FDCPA ( Fair Debt Collection Practices Act).
How To Deal with Debt Collectors When You Can’t Pay
Better Credit Blog
APRIL 4, 2022
If you are like most people, you have dealt with or are currently dealing with debt collectors. I’ve been preaching about the dangers of debt collectors for years and get countless emails from readers who end up in trouble by answering the phone when a debt collector calls.
Eighth Circuit Holds Insurer Not Obligated to Defend Debt Collection Firm in FDCPA Lawsuit
Troutman Sanders
SEPTEMBER 23, 2021
The law firm obtained a default judgment on a debt owed by a consumer named “Charlene Williams.” Williams then contacted Rodenburg and informed the firm that she was not the Charlene Williams who owed the debt. All Entries Debt Buyers and CollectorsIn Rodenburg LLP v.
How To Remove Portfolio Recovery From Your Credit Report
Better Credit Blog
APRIL 3, 2022
Portfolio Recovery Associates, LLC, is a collection agency that buys old debts from lenders and companies that have been unable to collect the debt themselves. Portfolio Recovery will buy old debt for pennies on the dollar. Make Them Prove the Debt is Yours.
Tenth Circuit Adopts “Reasonable Consumer” Standard to Determine Materiality Under FDCPA
Troutman Sanders
SEPTEMBER 19, 2022
The standard courts should use to determine whether an alleged Fair Debt Collection Practices Act (FDCPA) violation is material remains unsettled. Pioneer) to help collect the debt. All Entries Debt Buyers + Collectors
A Comprehensive Overview of How Commercial Debt Collection Agencies Work
Debt RR
AUGUST 3, 2020
It’s not uncommon for businesses to take on debt. Sometimes, that debt gets out of hand and businesses find themselves on the receiving end of calls from commercial debt collection agencies. Calls from a commercial debt collector can create an enormous amount of stress for many business owners. Here’s everything businesses need to know about commercial debt collection agencies and how to manage communication without disrupting day-to-day operations.
Can a Collection Agency Report to the Credit Bureau Without Notifying You?
Credit Corp
NOVEMBER 9, 2020
If you or someone you know has dealt with a collection agency, you know how trying it can be. Debt collection agencies have a long history of harassment and illegal practices. Can a collection agency report to a credit bureau without notifying you? Debt Collection Laws.
Can Debt Collectors Call on Holidays?
Credit Corp
NOVEMBER 21, 2021
When you’re in debt, getting calls from debt collectors is an unwelcome but common occurrence. But can debt collectors call on holidays? Find out more about the answer to this common question, and learn what you can do to take care of your debt for good.
How to Remove TransWorld Systems From Your Credit Report
Better Credit Blog
APRIL 1, 2022
If you fall into hard times, the inability to pay off your credit card bills or student loans can result in your debts being transferred to a debt collection agency. In other words, they are an aggressive company, and having them stalking you for a collection is never nice.
Texas Court Denies Defendants’ Motion to Dismiss FDCPA Claim Over Statute of Limitations Defense
Collection Industry News
NOVEMBER 2, 2020
The Eastern District of Texas recently denied a motion to dismiss for alleged violations of the Fair Debt Collection Practices Act (“FDCPA”), holding that a garnishment action initiated eight years after the plaintiff had obtained a default judgment was not subject to the FDCPA’s one-year statute of limitations provision because the default judgment was obtained in the wrong venue.
Texas Court Denies Defendants’ Motion to Dismiss FDCPA Claim Over Statute of Limitations Defense
Troutman Sanders
OCTOBER 28, 2020
The Eastern District of Texas recently denied a motion to dismiss for alleged violations of the Fair Debt Collection Practices Act (“FDCPA”), holding that a garnishment action initiated eight years after the plaintiff had obtained a default judgment was not subject to the FDCPA’s one-year statute of limitations provision because the default judgment was obtained in the wrong venue.
What is Zombie Debt?
Sawin & Shea
FEBRUARY 9, 2021
When you’re deeply in debt, it feels as if debt collectors are always at your heels, grabbing at you for money. Bankruptcy finally frees you from this burden and allows you to shed old debt. But certain debts just refuse to die. This is called zombie debt.
What Debt Collectors Can and Cannot Do in Indiana
Sawin & Shea
JULY 20, 2022
Have you ever been incessantly contacted by a debt collection agency trying to get money from you? Many individuals experience unwanted contact from debt collectors and are unsure how to approach the situation. When Are Debts Covered By the Law?
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