article thumbnail

Appeals Court Affirms Dismissal of FDCPA Case Over Auto Repossession

Account Recovery

We don’t normally write about automotive repossessions here, but it is a Fair Debt Collection Practices Act case and it is the Court of Appeals for the Second Circuit, so it’s probably got something worthwhile for companies in the accounts receivable management industry to know, right?

article thumbnail

How to Remove a Repossession From Your Credit Reports

Better Credit Blog

In lending terms, this is called repossession. Read on to find out how to remove an invalid repossession from your credit report. A repossession could happen in two ways: You could surrender the vehicle voluntarily and retain some control over the process. Either kind of repossession hurts your credit score.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Tenth Circuit Affirms Summary Judgment in Favor of Defendant in FDCPA Case on the Basis of Claim Preclusion

Troutman Sanders

Court of Appeals for the Tenth Circuit upheld a trial court’s order granting summary judgment in favor of a debt buyer holding that claim preclusion barred the plaintiff’s claims brought under the Fair Debt Collections Practices Act (FDCPA) and Utah’s Unfair Claims Settlement Practices Act (UCSPA).

article thumbnail

“Consumer Debt” and Collection Letters: Arizona District Court Denies Plaintiff’s Motion for Partial Judgment on the Pleadings

Troutman Sanders

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. In Uvaldo v.

article thumbnail

How To Remove Penn Credit from Your Credit Report

Better Credit Blog

Try out one of the approaches below, and you could be collections-free in a few weeks. Get your debt validated. Get Your Debt Validated. The Fair Debt Collection Practices Act is great for a lot of reasons, one being that it requires collections agencies to present proof of a debt before you’re required to make a payment.

article thumbnail

How To Remove AWA Collections From Your Credit Report

Better Credit Blog

Write a debt validation letter. Write a Debt Validation Letter. According to the Fair Debt Collection Practices Act , a debt collector can’t require payment from you without first validating your debt. Repossessions. Dealing with AWA Collections. Use the pointers below to get started.

article thumbnail

How To Remove Autovest LLC From Your Credit Report

Better Credit Blog

Some complaints are concerned with the agency’s failure to respond to requests for debt validation and their faulty reporting. In light of those complaints, it’s important to understand the rights granted to you by the Fair Debt Collection Practices Act. Send a debt validation letter. Send a Debt Validation Letter.