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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.

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Daily Digest – May 2. Appeals Court Upholds Ruling for Plaintiff in FDCPA Case; New Video Series Launched

Account Recovery

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.

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Fair Debt Collection Practices Act (FDCPA)

Better Credit Blog

Debt collectors are notorious for harassing consumers when they seek repayment, calling excessively and threatening to take actions that may not be legal. What you may not know is that you are protected by the Fair Debt Collection Practices Act (FDCPA), a law designed to keep third-party debt collectors in check when they contact you.

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Analysis of a Scam Email – “The Webster Law Firm” and Speedy Cash

Debt Free Colorado

That said, let me walk you through all the elements of this particular email that tip it off as a scam: From: Sherrill Green <SherrillGreen@outlook.com> Wait, the prestigious “Webster Law Firm” doesn’t have it’s own domain and you’re using a generic outlook.com account? Attorney at Law?

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8th Cir. Holds FDCPA Plaintiff Lacked Article III Standing In Garnishment Communication Case

Collection Industry News

Rodenburg Law Firm is available at: Link to Opinion. In Minnesota, a creditor may issue a garnishment summons to any third party “at any time after entry of a money judgment in [a] civil action.” The Eighth Circuit found that Creditor’s mailing of the garnishment summons on Debtor caused him no tangible injury.

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Eighth Circuit Holds Insurer Not Obligated to Defend Debt Collection Firm in FDCPA Lawsuit

Troutman Sanders

The Rodenburg Law Firm (Rodenburg), whose primary business is debt collection, held a Commercial Umbrella Liability Policy with The Cincinnati Insurance Company (Cincinnati Insurance) that obligated Cincinnati Insurance to indemnify Rodenburg for liability to third parties for certain defined injuries.

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Eleventh Circuit Holds Garnishment Proceeding Not Subject to FDCPA Venue Clause

Consumer Financial Services Law

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. 1692i(a)(2).