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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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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.

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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 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 … (..)

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Judge Dismisses FDCPA Suit Over Collection Suit Filed in Wrong Jurisdiction

Account Recovery

A District Court judge in North Carolina has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that the plaintiff failed to state a claim after accusing the defendant of violating the statute by sending a collection summons and complaint to an incorrect address, obtaining a default judgment, and garnishing (..)

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Daily Digest – March 19. Judge Grants MSJ for Plaintiff Over Status of Debt; Toomey Blocks Anti-Garnishment Law

Account Recovery

Judge Grants MSJ for Plaintiff Over Status of Debt; Toomey Blocks Anti-Garnishment Law appeared first on AccountsRecovery.net.

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What Happens if you Ignore a Debt Collection Agency

Nexa Collect

If you ignore this or fail to defend yourself in court, a default judgment may be issued against you. This can lead to wage garnishment, bank levies, or liens against your property. It’s also important to know your rights under the relevant laws, such as the Fair Debt Collection Practices Act (FDCPA) in the United States.