Collection Industry News

APRIL 25, 2023

This may also vary depending, for instance, on the: Type of debt State where you live State law named in your credit agreement If you’re sued by a debt collector and the debt is too old, you may have a defense to the lawsuit. To calculate the statute of limitations for your debt, you may want to consult with a lawyer.

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FDCPA Defense

APRIL 17, 2019

Few things are more fundamental in the law than the principle that a lawyer owes a duty of loyalty to the client, a duty to be vigorous advocate within the bounds of the law, and a duty to maintain the client’s confidences and preserve the attorney-client privilege. Clients expect this of their attorneys, as they should. 1692, et seq.

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Indiana Consumer Law Group

OCTOBER 13, 2017

The Complaint alleged that Ryan Dillon and Dillon Legal Group sent a collection letter to an Indiana consumer that failed to comply with the Fair Debt Collection Practices Act because it misrepresented the consumer’s rights under the Act. To see the collection letter at issue, click here: Dillon Collection Letter.

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Collection Industry News

SEPTEMBER 23, 2020

The Pew researchers found that while most businesses filing debt collection claims were represented by attorneys, only about 10% of consumers being sued had lawyers. Default Judgments in Debt Collection Cases. Many consumers who are sued for outstanding debts do nothing, and that is generally a big mistake.

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Jimerson Firm

JANUARY 12, 2023

In my experience, when plaintiffs’ lawyers challenge Proposal for Settlement, they principally rely upon Clayton v. The Clayton Court was asked to decide the question of “whether Florida’s offer of judgment statute is preempted by [the federal Fair Debt Collection Practices Act (“FDCPA”)].” See Clayton v.

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Debt Free Colorado

APRIL 1, 2021

Also, it’s a violation of the Fair Debt Collection Practices Act (FDCPA) for a third party debt collector to disclose information about your debts to others. You can’t garnish wages because you don’t have a judgment. You don’t have a judgment because you haven’t filed a lawsuit.

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FDCPA Defense

AUGUST 19, 2013

291 (1995), lawyers have known that if they seek to collect consumer debts for clients – even when doing so through litigation – they might qualify as a "debt collector" under the Fair Debt Collection Practices Act, 15 U.S.C. Beginning in 1995, when the Supreme Court issued Heintz v. Wadas , _ F.3d

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Jimerson Firm

JANUARY 17, 2023

The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes. Oftentimes, consumer lawyers bring claims for technical violations of the statutes, even when there are not any actual damages suffered by a consumer. Household Bank, Ltd. ,

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Credit Corp

AUGUST 31, 2021

However, it’s important to note that every case is unique and the statute of limitations on various forms of debt is different in each state. Understanding what the rules in your state are and how they might apply to your specific debt situation is important. Contact a lawyer for your unique situation if you have questions.

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Indiana Consumer Law Group

NOVEMBER 26, 2016

The lawsuit, which has been filed in the United States District Court for the Southern District of Indiana, alleges that Blatt, Hasenmiller, Liebsker & Moore filed a debt collection lawsuit against the Indiana consumer in the wrong county and thereby violated the Fair Debt Collection Practices Act (“FDCPA”).

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Collection Industry News

JULY 20, 2020

granted summary judgment for a debt collector whose letter stated “If the Account goes to an attorney, our flexible options may no longer be available.” However, as mentioned above, the cases can be disposed of at summary judgment in favor of debt collectors.). Even the Northern District of Illinois (N.D.

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BN Lawyers

MARCH 21, 2019

McCarthy & Holthus, LLP, holding that that business engaged solely in non-judicial foreclosure activities are generally exempt from the Fair Debt Collection Practices Act, 15 U.S.C. On March 20, 2019, the United States Supreme Court issued its decision in Obduskey v. 1692 et seq.

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Collection Industry News

MAY 11, 2021

Miller, 48, denies any wrongdoing in his debt collection practices, claiming he has been unfairly targeted by lawyers, prosecutors and federal agents. He said he is getting out of debt collections because of what he considers government harassment.

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FDCPA Defense

JANUARY 28, 2012

Debt buyers are being sued based on the conduct of their agencies and law firms. Lawyers and agency owners are being sued based on the conduct of their clients and their collectors. Capital Credit & Collection Servs., See, e.g., White v. Goodman , 200 F.3d 3d 1016, 1019 (7th Cir. 3d 1162, 1173 (9th Cir. 2006) (citation omitted).

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