Account Recovery
NOVEMBER 23, 2022
A District Court judge in North Carolina has granted a defendant’s motion for relief from judgment on the grounds that a default judgment obtained by the plaintiff in a Fair Debt Collection Practices Act case is void due to lack of service of process.
Account Recovery
DECEMBER 9, 2022
A copy of … The post Judge Vacates Default Judgment Against Defendant in FDCPA Suit first appeared on AccountsRecovery.net. The post Judge Vacates Default Judgment Against Defendant in FDCPA Suit appeared first on AccountsRecovery.net.
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Burr Forman
SEPTEMBER 3, 2021
On August 31, 2021, the Seventh Circuit Court of Appeals reversed a summary judgment decision from the United States District Court for the Northern District of Illinois, and remanded the action with instructions to dismiss for lack of subject matter jurisdiction.
Account Recovery
NOVEMBER 1, 2022
A copy of the … The post Judge Grants MTD in FDCPA Class Action Over Judgment Renewals appeared first on AccountsRecovery.net. Crisis Collection Management
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.
Account Recovery
DECEMBER 28, 2022
Judge Grants MTD in FDCPA Case Over MVN; NCLC Grades States on Judgment Protections first appeared on AccountsRecovery.net. Judge Grants MTD in FDCPA Case Over MVN; NCLC Grades States on Judgment Protections appeared first on AccountsRecovery.net.
Account Recovery
JANUARY 23, 2023
The post Judge Grants Motion to Set Aside Default Judgment in FDCPA, FCRA Case Over Complaint Sent to Empty Office appeared first on AccountsRecovery.net.
Account Recovery
OCTOBER 21, 2022
Separately, … The post Judge Grants Summary Judgment for Defendant in FDCPA Case, After Ruling Receipt of Letter Enough for Standing appeared first on AccountsRecovery.net.
Account Recovery
MAY 17, 2022
A copy of the ruling … The post Judge Partially Grants MTD in FDCPA Case Over ‘Improper’ Default Judgment Motion in Underlying Collection Suit appeared first on AccountsRecovery.net.
Account Recovery
MARCH 15, 2022
Account Recovery
OCTOBER 22, 2021
Account Recovery
FEBRUARY 27, 2023
Appeals Court Vacates Judgment in Favor of Plaintiff; CFPB Updates Administrative Enforcement Proceedings first appeared on AccountsRecovery.net. Appeals Court Vacates Judgment in Favor of Plaintiff; CFPB Updates Administrative Enforcement Proceedings appeared first on AccountsRecovery.net.
Account Recovery
APRIL 11, 2022
Account Recovery
APRIL 5, 2022
Judge Rules Subrogation Claim Not a ‘Debt’; CUs Sue N.Y. Over Post-Judgment Interest Law appeared first on AccountsRecovery.net.
Account Recovery
FEBRUARY 27, 2023
The ruling hopefully … The post Appeals Court Vacates Judgment in Favor of Plaintiff in FDCPA Case Over Interest Disclosure in Letter first appeared on AccountsRecovery.net.
Account Recovery
SEPTEMBER 16, 2021
Account Recovery
AUGUST 16, 2021
A District Court judge in Nebraska has admitted he made a mistake and thrown out a jury verdict in favor of a defendant, determining that the plaintiffs in a Fair Debt Collection Practices Act class action should be the prevailing parties, and awarding $39,000 in damages and attorney fees.
Account Recovery
NOVEMBER 12, 2021
Judge Grants Defendant’s Motion for Judgment in FDCPA, FCRA Case; Hunstein Defendant Asks for Extension appeared first on AccountsRecovery.net.
Account Recovery
JANUARY 26, 2023
The post Judge Denies Motion to Amend Judgment and Motion for Sanctions in FDCPA Case appeared first on AccountsRecovery.net.
Account Recovery
OCTOBER 15, 2021
Account Recovery
NOVEMBER 22, 2021
A District Court judge in New Jersey has granted a plaintiff’s motion for more than $71,000 in attorney’s fees — exactly what the plaintiff was asking for — after the plaintiff agreed to an offer of judgment in a Fair Debt Collection Practices Act case.
Account Recovery
AUGUST 28, 2020
A District Court judge in Texas has partially granted a defendant’s motion for judgment on the pleadings after it was sued for violating the Fair Debt Collection Practices Act in how it attempted to collect on a judgment.
Account Recovery
AUGUST 24, 2020
Account Recovery
MARCH 31, 2021
Would a least sophisticated consumer understand — when reading a collection letter related to the collection of a deficiency balance on her car loan — that the debt is a “consumer debt” as defined by the Fair Debt Collection Practices Act?
Account Recovery
AUGUST 24, 2022
A California Appeals Court has overturned a summary judgment ruling in favor of a collector that was sued for violating the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act by stapling a note to a court-provided summons, … The post Calif.
Account Recovery
JUNE 23, 2021
Compliance FDCPA District COurt for the Western District of New York Garnishment Judge Frank Geraci Judgment Morrison v.
Account Recovery
JANUARY 12, 2023
The Court of Appeals for the Third Circuit has upheld a lower court’s summary judgment ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act when it attempted to collect on a judgment that was later vacated.
Account Recovery
SEPTEMBER 23, 2022
Account Recovery
APRIL 29, 2022
Cancels More Student Loan Debt appeared first on AccountsRecovery.net.
Account Recovery
APRIL 1, 2022
A District Court judge yesterday granted a plaintiff’s motion for summary judgment, ruling that a collection agency that allowed collectors and other staff to work remotely violated the Fair Debt Collection Practices Act and ordered the agency to bring all employees back to the office.
Blank Rome LLP
DECEMBER 12, 2019
The Supreme Court of the United States (“Supreme Court”) recently affirmed the Third Circuit’s decision holding Fair Debt Collection Practices Act (“FDCPA”) claims are subject to a one-year statute of limitations from the date of an alleged violation and rejecting the Fourth and Ninth Circuit’s adoption of a broad “discovery rule.” However, debt collectors should take note that equitable tolling principles may still apply in certain circumstances. .
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