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Judge Grants Summary Judgment for Plaintiff on FDCPA Wrongful Garnishment Claim

Account Recovery

A District Court judge in Missouri has granted a plaintiff’s motion for summary judgment that the defendant violated the Fair Debt Collection Practices Act by “significantly overstating” how much the plaintiff owed when garnishing her wages in attempting to collect on a judgment in had obtained, but did grant the defendant’s (..)

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Appeals Court Upholds Dismissal of FDCPA Suit Over Garnishment

Account Recovery

The Court of Appeals for the Ninth Circuit has upheld the dismissal of a Fair Debt Collection Practices Act case in which a defendant was accused of violating the statute by garnishing the plaintiff’s wages to enforce a nonfinal judgment, ruling that alleging a violation of Washington’s state garnishment law is not a de facto … The (..)

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Judge Denies Motion to Stay Discovery in FDCPA Case Over Garnishment of Wrong Individual

Account Recovery

A District Court judge in New York has denied a defendant’s motion to stay discovery pending the outcome of its motion to dismiss a Fair Debt Collection Practices Act case after it was sued for allegedly garnishing the wages of the wrong individual.

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Appeals Court Upholds Ruling For Plaintiff in FDCPA Case Over Garnishment Jurisdiction

Account Recovery

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. A copy of the ruling in the case of Thompson v.

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Daily Digest – December 9. Class Action Accuses Defendant of Not Including SOL Disclosure; Judge Grants TRO Blocking Arizona Garnishment Law

Account Recovery

Class Action Accuses Defendant of Not Including SOL Disclosure; Judge Grants TRO Blocking Arizona Garnishment Law first appeared on AccountsRecovery.net. Class Action Accuses Defendant of Not Including SOL Disclosure; Judge Grants TRO Blocking Arizona Garnishment Law first appeared on AccountsRecovery.net.

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Judge Grants Judgment for Defendant in FDCPA Case Over Garnishment from Joint Bank Account

Account Recovery

The post Judge Grants Judgment for Defendant in FDCPA Case Over Garnishment from Joint Bank Account appeared first on AccountsRecovery.net. The post Judge Grants Judgment for Defendant in FDCPA Case Over Garnishment from Joint Bank Account appeared first on AccountsRecovery.net.

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Judge Denies MTD in FDCPA Case Over Garnishment SOL

Account Recovery

A District Court judge in Texas has denied a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act, ruling that a garnishment action taken eight years after a default judgment was awarded is not subject to the law’s one year statute of limitations when the underlying default judgment … (..)