Account Recovery

MARCH 2, 2021

A District Court judge in Indiana has largely granted summary judgment in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act because it allegedly contacting individuals who indicated they were represented by an attorney and wanted communications to cease.

Fair Debt Collection 130

Fair Debt Collection Judgment Collections 130

Troutman Sanders

JANUARY 18, 2021

Moreover, the Court denied summary judgment for Defendant on Plaintiff’s count that Defendant violated the Telephone Consumer Protection Act by “calling [Plaintiff] with an automatic dialing system.”. Please contact us at your earliest convenience to discuss what options may be available to you. [.] Payment may be made to [Defendant].

Judgment 52

Judgment Fair Debt Collection Collections 52

Nexa Collect

JUNE 21, 2023

If you ignore a debt collection agency, several potential consequences could affect your financial well-being and peace of mind: Persistent Contact : Debt collection agencies might persist in attempting to contact you through phone calls, letters, and possibly emails. This can be stressful and disruptive.

Collection Agencies 100

Collection Agencies Collections Agency Credit Counselor Garnishment 100

Collections Law

FEBRUARY 9, 2024

State and federal consumer and commercial laws afford methods for creditors to collect the debts that are owed to them. Our lawyers are well-versed in the Fair Debt Collection Practices Act (FDCPA). Schedule a consultation today Our commercial collections attorneys are available for consultation appointments.

Mechanic’s Liens 98

Mechanic’s Liens Collections Commercial Collection Lawyers 98

Troutman Sanders

NOVEMBER 12, 2021

Capouano, Beckman, Russell & Burnett LLC , the Court of Appeals for the Eleventh Circuit recently affirmed defendant law firm Capouano, Beckman, Russell & Burnett LLC’s (Firm) motion for summary judgment involving an alleged violation of the Fair Debt Collection Practices Act (FDCPA).

Judgment 98

Judgment Law Firms Fair Debt Collection Collections 98

Nexa Collect

JUNE 18, 2023

Since debt collectors are on the phone all day long, they know every tactic to get paid. The cost of collection agencies depends on whether you select their Fixed-fee or Contingency-fee service. Need a Medical Collection Agency? This could involve filing a lawsuit to seek a judgment for the amount owed.

Collection Agencies 130

Collection Agencies Collections Agency Collections Healthcare 130

Debt Free Colorado

FEBRUARY 21, 2022

Does Colorado Law Protect Me From Debt Collectors? When collecting a debt from you, collection agencies must adhere to federal and state rules. Fortunately, the federal Fair Debt Collection Practices Act (FDCPA) protects all states. What is the Federal Fair Debt Collection Practices Act (FDCPA)?

Debt collector 98

Debt collector Fair Debt Collection Collection Agencies Collections Agency 98

Collection Industry News

MARCH 15, 2021

A woman who claimed “stress and confusion” as injuries after she was contacted by a debt collector without her permission could not convince the 7 th Circuit Court of Appeals that the company had violated the Fair Debt Collection Practices Act. 1692c(a)(2) and (c) of the Fair Debt Collection Practices Act.

Debt collector 40

Debt collector Judgment Fair Debt Collection Lender 40

Credit Corp

FEBRUARY 23, 2024

The term “zombie debt” refers to a past debt that shouldn’t affect you anymore yet continues to appear on your credit report. Dealing with zombie debt can be extremely complicated as debt collectors may repeatedly contact you about an account that belonged to you years ago. How Does Zombie Debt Work?

Collection Agencies 52

Collection Agencies Collections Agency Debt collector Fair Debt Collection 52

Troutman Sanders

NOVEMBER 16, 2023

Court of Appeals for the Second Circuit issued a summary order affirming a district court’s holding that an emailed response to the plaintiff’s email did not constitute an “initial communication” under the Fair Debt Collections Practices Act (FDCPA). In Worley v. Simon, Meyrowitz & Meyrowitz, P.C. ,

Law Firms 52

Law Firms Fair Debt Collection Judgment Debt collector 52

Troutman Sanders

MARCH 28, 2023

As discussed here , in August 2020, a district court for the Middle District of Tennessee held that a medical provider’s third-party billing servicer did not qualify as a debt collector under the Fair Debt Collections Practices Act (FDCPA) because the debt was not in default when it was placed with the extended billing office (EBO).

Debt collector 52

Debt collector Judgment Fair Debt Collection Collections 52

Troutman Sanders

JULY 30, 2021

July 22, 2021), the Eastern District of Michigan granted summary judgment in favor of a debt collector, holding that it did not violate the Fair Debt Collections Practices Act (FDCPA) by failing to report that the plaintiff disputed the debt at issue. to collect from plaintiff, Florence Burns (Burns).

Debt collector 52

Debt collector Judgment Fair Debt Collection Original Creditor 52

Troutman Sanders

AUGUST 4, 2020

In a recent decision out of the Middle District of Tennessee, a medical provider’s third-party billing servicer did not qualify as a debt collector under the Fair Debt Collections Practices Act (“FDCPA”) because the debt was not in default when it was placed with the extended billing office.

Judgment 52

Judgment Debt collector Fair Debt Collection Law Firms 52

Troutman Sanders

MAY 5, 2021

Germain Law Office PLC , an Arizona District Court denied a plaintiff’s motion for partial judgment on the pleadings in a Fair Debt Collection Practices Act case. The district court denied the plaintiff’s motion for partial judgment on the pleadings on all issues. In Uvaldo v.

Judgment 52

Judgment Collections Repossession Fair Debt Collection 52

Troutman Sanders

FEBRUARY 26, 2021

SN Servicing, LLC , a district court in the Ninth Circuit denied a defendant’s motion for summary judgment regarding the plaintiffs’ allegations that the defendant violated the Fair Debt Collection Practices Act and Oregon Unlawful Debt Collection Practices Act in its mortgage servicing activity.

Foreclosure 52

Foreclosure Judgment Collateral Fair Debt Collection 52

Troutman Sanders

AUGUST 29, 2023

District Court for the Western District of New York granted the plaintiff’s motion for class certification for alleged violations of the Fair Debt Collections Practices Act (FDCPA) relating to an allegedly improper debt assignment notification. The default judgment was later assigned to Palisades Acquisition.

Acquisition 52

Acquisition Garnishment Judgment Debtor 52

Collection Industry News

AUGUST 3, 2021

July 22, 2021), the Eastern District of Michigan granted summary judgment in favor of a debt collector, holding that it did not violate the Fair Debt Collections Practices Act (FDCPA) by failing to report that the plaintiff disputed the debt at issue. to collect from plaintiff, Florence Burns (Burns).

Debt collector 40

Debt collector Judgment Fair Debt Collection Original Creditor 40

Troutman Sanders

JULY 23, 2021

Forster & Garbus LLP , a New York district court granted the defendant debt collector’s motion for judgment on the pleadings and denied the plaintiff’s request to amend his complaint in a Fair Debt Collection Practices Act (FDCPA) case. In Klein v.

Judgment 52

Judgment Debt collector Accrued Interest Fair Debt Collection 52

FFGN COLLECT NY

JUNE 14, 2023

First, if either the collection agency or collection law firm engage in collecting debt from consumers for personal, household, or medical debts, they are subject to the Fair Debt Collection Practices Act (FDCPA). The post Can a Debt Collection Law Firm Act as a Debt Collection Agency?

Law Firms 52

Law Firms Collection Agencies Collections Agency Third-party Debt Collectors 52

Taurus Collect

NOVEMBER 15, 2023

Regulations around debt collection are strict, and experts from no cure no pay debt collection UK are here to help you navigate these waters. In this post, we will explore the rights and regulations governing debt collection in the UK. This information can be essential if you need to file a complaint.

Debt collector 52

Debt collector Fair Debt Collection Collection Agencies Collections Agency 52

Troutman Sanders

SEPTEMBER 21, 2022

A recent federal district court opinion highlights the potential pitfalls associated with renewals of unsatisfied default judgments. serves as a reminder that judgment creditors must still tread carefully when seeking to collect on, or revive, judgments from yesteryear. The case, Sarah Pitera v. 2:22-cv-00255-TL (W.D.

Collections 52

Collections Judgment Fair Debt Collection Creditors 52

Troutman Sanders

JANUARY 19, 2023

May a debt collector incur liability under the Fair Debt Collection Practices Act (FDCPA) by seeking to collect a debt under a state court judgment later determined to be void? Though the judgment was “effective” October 14, 2016, it was not mailed to the parties until November 7.

Judgment 52

Judgment Fair Debt Collection Debt collector Collections 52

FFGN COLLECT NY

MARCH 10, 2023

Consumer Debt: The Fair Debt Collection Practices Act (FDCPA) regulates consumer debt. New York state and New York City enacted additional laws to further protect residents from harm, real or threatened, by unruly debt collectors. Generally, the requirements are as follows.

Debt collector 52

Debt collector Collections Judgment Enforcement Judgment 52

Sawin & Shea

SEPTEMBER 27, 2023

Debt Collection Laws: What Can Debt Collectors Do? Debt collectors have a legal right to pursue the collection of personal debt within the bounds of the law. They can typically contact you through various means, including phone calls, letters, and emails, to request payment or negotiate repayment terms.

Chapter 7 bankruptcy 52

Chapter 7 bankruptcy Bankruptcy Debt collector Debtor 52

Troutman Sanders

DECEMBER 23, 2020

The action was that RGS sent an offer to settle the debt directly to Reygadas; the omission was that DNF allegedly failed to inform RGS that Reygadas was represented by counsel. For these reasons, the Court concluded that the district court erred in granting partial summary judgment in favor of Reygadas sua sponte.

Debt collector 52

Debt collector Fair Debt Collection Judgment Collection Agencies 52

Credit Corp

DECEMBER 14, 2020

Can a debt collector collect after 10 years? Here’s an overview of the timelines for debt collection and what to do if you’re contacted about an old debt. Can a Debt Collector Collect After 10 Years? Can I Be Chased for Debt After 10 Years? The simple answer is: It depends.

Debt collector 98

Debt collector Collections Judgment Collection Agencies 98

Consumer Financial Services Law

NOVEMBER 19, 2019

On November 14, 2019, the House Committee on Financial Services passed the following bills which would amend the federal Fair Debt Collection Practices Act and tighten consumer protections. The Ending Debt Collection Harassment Act of 2019 (H.R. The Ending Debt Collection Harassment Act of 2019 (H.R.

Financial services 40

Financial services Fair Debt Collection Debt collector Judgment 40

Troutman Sanders

FEBRUARY 27, 2023

district court judge in the Western District of New York ended a class action lawsuit by holding that communications between attorneys are not actionable under the Fair Debt Collection Practices Act (FDCPA). After lengthy discovery and litigation, a U.S.

Foreclosure 52

Foreclosure Fair Debt Collection Debt collector Debtor 52

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. The Cincinnati Insurance Company , No. 20-2521 (8th Cir. Rodenburg appealed.

Law Firms 52

Law Firms Garnishment Collections Judgment 52

True Accord

SEPTEMBER 2, 2022

Gilbert sued TrueAccord alleging (1) TA made a false or misleading statement when it failed to inform her that an account was past the statute of limitations and (2) TA had contacted her after being informed that she was represented by counsel. Do not contact her again.” The Ruling. The court ruled in TA’s favor on two grounds.

Creditors 65

Creditors Fair Debt Collection Judgment Collections 65

Troutman Sanders

APRIL 13, 2021

On April 6, the Consumer Financial Protection Bureau (CFPB) issued a consent order against California-based debt collector Yorba Capital Management LLC and its sole owner Daniel Portilla, Jr. for violating the Consumer Financial Protection Act and the Fair Debt Collection Practices Act.

Collections 52

Collections Judgment Fair Debt Collection Garnishment 52

The Kaplan Group

OCTOBER 19, 2020

FDCPA ( Fair Debt Collection Practices Act). The Fair Debt Collection Practices Act (FDCPA) is a federal law that restricts the behavior of collection agencies when they are attempting to collect money from individuals. A judgment is the official result of a lawsuit in court.

Credit Counselor 59

Credit Counselor Garnishment Fair Debt Collection Debt settlement 59

Credit Corp

JUNE 14, 2020

Zombie Debts and Judgments. If the original creditor went to court and obtained a judgment against you for a debt, the zombie debt cycle can be more complicated. First, judgments provide the creditor with the legal means to collect via actions such as wage garnishments or bank account liens.

Debt collector 98

Debt collector Judgment Collection Agencies Collections Agency 98

Credit Corp

NOVEMBER 9, 2020

Can a collection agency report to a credit bureau without notifying you? Knowing illegal debt collection practices can help identify when you’re being treated unfairly. The Fair Debt Collection Practices Act is a federal law that protects consumers against certain unfair collection practices.

Collection Agencies 106

Collection Agencies Collections Agency Credit Bureau Collections 106

Direct Recovery

APRIL 18, 2023

The commercial debt collection process typically involves everything from communicating with debtors about the amounts owed and negotiating payment terms to pursuing legal action and obtaining a judgment against a debtor and garnishing their wages. In most cases, they do not apply to business debts.

Collection Agent 52

Collection Agent Collections Debt collector Collection Agencies 52

Troutman Sanders

AUGUST 30, 2021

17, 2021), the Tenth Circuit affirmed summary judgement in favor of the plaintiff in a claim under the Fair Debt Collections Practices Act (FDCPA), finding that the defendant debt collector failed to present sufficient evidence to establish a bona fide error defense. The defendant, Medicredit, Inc.

Retrieval 52

Retrieval Debtor Fair Debt Collection Collections 52

Credit Corp

AUGUST 31, 2021

Getting calls from debt collectors can be frustrating and even confusing. That’s even truer when someone is contacting you about an old debt you forgot about, thought was long resolved, or didn’t know about in the first place. Can a debt collector collect after 10 years, for example? In This Piece.

Debt collector 98

Debt collector Collections Collection Agencies Collections Agency 98