Account Recovery

JULY 2, 2021

By virtue of not vetoing it, a new law has been enacted in Maine that expands the protections consumers will have with respect to garnishments, including for the first time, funds that consumers have in their bank accounts.

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Account Recovery

MARCH 31, 2022

The Court of Appeals for the Ninth Circuit has upheld the dismissal of a Fair Debt Collection Practices Act case in which a defendant was accused of violating the statute by garnishing the plaintiff’s wages to enforce a nonfinal judgment, ruling that alleging a violation of Washington’s state garnishment law is not a de facto … The (..)

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Garnishment Fair Debt Collection Judgment Collections 246

Account Recovery

AUGUST 18, 2022

A state court judge in Arizona yesterday rejected an industry-led challenge to a voter initiative that is scheduled to be on the ballot this November that would raise the limits on what can be shielded from wage garnishments while also lowering the judgment interest rate, leading the group to quickly file an appeal with the … The post Judge Rules (..)

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Account Recovery

JULY 25, 2022

Governor to Sign Anti-Garnishment Bill into Law appeared first on AccountsRecovery.net.

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Account Recovery

MAY 2, 2022

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. A copy of the ruling in the case of Thompson v.

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Account Recovery

MARCH 18, 2021

As we turn our attention to another episode of “All My Garnishments” there have been a number of developments aimed at keeping debt collectors from garnishing the economic stimulus funds that are now being deposited into the bank accounts of consumers nationwide.

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Account Recovery

AUGUST 25, 2022

Supreme Court Rejects Industry Arguments Attempting to Keep Garnishment Question off Ballot appeared first on AccountsRecovery.net.

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Account Recovery

DECEMBER 12, 2023

For the fifth year in a row, not one of the 50 states met all five of the advocacy group’s standards for protecting consumers and their property from asset seizures and garnishments. On top of that, the only state that earned a “A” […]

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Account Recovery

MAY 11, 2022

The New York Senate yesterday voted to approve a bill that would protect individuals from having liens placed on their primary residences and having their wages garnished to repay medical debts. Legislature Passes Anti-Garnishment, Anti-Lien Bill For Certain Medical Debts appeared first on AccountsRecovery.net.

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Account Recovery

MARCH 11, 2024

A District Court judge in Missouri has granted a plaintiff’s motion for summary judgment that the defendant violated the Fair Debt Collection Practices Act by “significantly overstating” how much the plaintiff owed when garnishing her wages in attempting to collect on a judgment in had obtained, but did grant the defendant’s (..)

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Account Recovery

AUGUST 27, 2020

Even as many states are moving to ease collection restrictions that were put into place at the start of the coronavirus pandemic, the Virginia legislature is moving forward with a bill that would protect the economic stimulus payments received by individuals from being garnished by debt collectors.

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Account Recovery

MARCH 11, 2024

California AG Endorses Bill Banning Medical Debt Credit Reporting Oregon Enacts Law Amending Garnishment, Collection Practices Judge Grants Summary Judgment for Plaintiff on FDCPA Wrongful Garnishment Claim Compliance Digest – March 11 WORTH NOTING: How to choose the best hairbrush for your hair type … I can kind of understand one pilot taking (..)

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Account Recovery

JANUARY 8, 2024

A District Court judge in New York has denied a defendant’s motion to stay discovery pending the outcome of its motion to dismiss a Fair Debt Collection Practices Act case after it was sued for allegedly garnishing the wages of the wrong individual.

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Account Recovery

JUNE 13, 2024

Getting to Know Scott Weltman of Weltman, Weinberg & Reis Judge Dismisses Suit Alleging Wrongful Garnishment and Improper Service of Summons Popular Firewall Provider Breached, Requires Completely Re-Formatting Device to Fix Wisconsin Org.

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Account Recovery

MAY 1, 2023

A bill is progressing through the Oregon legislature that would protect and exempt more of an individual’s wages and assets from seizure in the event of judgments and garnishments, while also amending the state’s debt collection law. A copy of the bill, House Bill 2008, can be accessed by clicking here.

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Account Recovery

JANUARY 4, 2021

Now that the second round of stimulus checks have started to be distributed, the Attorney General of Virginia is touting a new law that went into effect in late October that will protect those funds from being garnished or seized as part of a judgment. The new law, H.B. 5068, was signed by Gov.

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Account Recovery

DECEMBER 9, 2022

Class Action Accuses Defendant of Not Including SOL Disclosure; Judge Grants TRO Blocking Arizona Garnishment Law first appeared on AccountsRecovery.net. Class Action Accuses Defendant of Not Including SOL Disclosure; Judge Grants TRO Blocking Arizona Garnishment Law appeared first on AccountsRecovery.net.

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Account Recovery

OCTOBER 16, 2020

A District Court judge in Texas has denied a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act, ruling that a garnishment action taken eight years after a default judgment was awarded is not subject to the law’s one year statute of limitations when the underlying default judgment … (..)

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Garnishment Fair Debt Collection Judgment Collections 227

Account Recovery

NOVEMBER 28, 2022

Last Wednesday, New York Governor Kathy Hochul signed a bill into law — which went into effect immediately — that prohibits healthcare providers from placing lines on the primary residences of individuals with unpaid medical debts or garnishing wages to collect on unpaid bills. The post N.Y.

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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.

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Account Recovery

MARCH 10, 2021

To that end, we have legislation that is … The post Groups Call for Stimulus Funds to be Protected From Garnishment; Legislative Proposal Forthcoming appeared first on AccountsRecovery.net.

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Account Recovery

MARCH 19, 2021

Previously, on “All My Garnishments” we saw several characters rush to protect the economic stimulus funds that have started landing in consumers’ bank accounts from being garnished by big, bad debt collectors. In today’s episode, Sen. Pat Toomey [R-Penn.], Pat Toomey [R-Penn.],

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Account Recovery

AUGUST 18, 2022

Getting to Know Roxie Olivero-Winfield; Judge Rules Against Industry in Arizona Garnishment Case appeared first on AccountsRecovery.net. While that is a lofty goal that everyone should aspire to, it takes a special kind of person to be able to pull it off. Someone, for … The post Daily Digest – August 18.

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Account Recovery

NOVEMBER 15, 2023

A District Court judge in Kansas has quashed a motion to garnish the property of an individual who was accused of fraudulently trying to hide $13 million in assets as a means of avoiding having to use them to settle $40 million in fines and penalties that were assessed in an earlier enforcement order by […]

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Garnishment 130

Account Recovery

MARCH 1, 2024

Suit Accuses Collection Law Firm of Garnishing Wages Without Permission Appeals Court Affirms Ruling for Defendant, But Says Plaintiff Could Have Had Standing New AI Agent Startup Promises Tech With Empathy Consumers Prioritizing Savings Over Debt for Tax Refunds: Survey WORTH NOTING: Highly effective communicators usually share these four habits … (..)

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Law Firms Garnishment Startups Collections 147

Account Recovery

AUGUST 3, 2021

Announces Phased Restart to Garnishments appeared first on AccountsRecovery.net. The protections that are being put into place in some areas are affecting collectors and debt buyers, who need … The post Local Governments Scrambling to Protect Residents as Moratoriums End; N.M.

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Account Recovery

JANUARY 8, 2024

Industry Pros Share Their 2024 Predictions Judge Denies Motion to Stay Discovery in FDCPA Case Over Garnishment of Wrong Individual DoE Withholds $2.2M in Payments From Servicers for Failing to Send Timely Statements to Borrowers Compliance Digest – January 8 WORTH NOTING: Don’t give up on your resolutions.

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Garnishment 147

Account Recovery

MAY 5, 2022

Getting to Know Debbie Frank of Credit Bureau Services; CFPB Fines BofA $10M for Improper Garnishments appeared first on AccountsRecovery.net. Helping you become better faster is … The post Daily Digest – May 5.

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Account Recovery

APRIL 6, 2021

A District Court judge in Washington has partially granted a defendant’s motion to dismiss, but denied the motion related to claims the defendant allegedly violated the Fair Debt Collection Practices Act when it mistakenly sent two letters to the plaintiff informing him that a writ of garnishment had been entered against him, one of which … (..)

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Garnishment Fair Debt Collection Collections 147

Account Recovery

AUGUST 25, 2020

An online press conference has been scheduled for later today to discuss a new law that is going into effect in California next week that limits how much debt collectors can garnish from an individual’s bank account when seeking repayment on unpaid debts. The law — SB 616 — was passed and signed by Gov. … The post Calif.

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Account Recovery

JULY 24, 2020

3841, a bill that protects the stimulus funds under the Coronavirus Aid, Relief, and Economic Security Act from being garnished by debt collectors, similar to … The post Senate Passes Bill Preventing Collectors From Garnishing Stimulus Payments appeared first on AccountsRecovery.net. The Senate yesterday unanimously passed S.

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Garnishment Debt collector Collections 147

Account Recovery

AUGUST 25, 2020

GARNISHMENT LAW SET TO GO INTO EFFECT NEXT WEEK An online press conference has been scheduled for later today to discuss a new law that is going into effect in California next week that limits how much debt collectors can garnish from an individual’s bank account when seeking repayment on unpaid debts.

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Account Recovery

NOVEMBER 28, 2022

Gov Signs Medical Debt Anti-Garnishment Bill first appeared on AccountsRecovery.net. Gov Signs Medical Debt Anti-Garnishment Bill appeared first on AccountsRecovery.net. Last week, Frontier Airlines announced it has done away … The post Daily Digest – November 28. Airline Abandons Call-Based Customer Service; N.Y.

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Garnishment 130

Account Recovery

JUNE 10, 2021

AG Issues Warning That Child Tax Credits are Exempt From Garnishments appeared first on AccountsRecovery.net. In April 2020, … The post Calif.

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Account Recovery

AUGUST 3, 2021

Announces Phased Restart to Garnishments appeared first on AccountsRecovery.net. Judge Grants MSJ for Defendant in FDCPA Vicarious Liability Case; N.M.

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Consumer Finance

MAY 4, 2022

The Consumer Financial Protection Bureau (CFPB) finalized an enforcement action against Bank of America for processing illegal, out-of-state garnishment orders against its customers’ bank accounts.

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Troutman Sanders

JANUARY 18, 2024

Chris, Lori, and Mary emphasize the CFPB’s expectations (which include the necessity of establishing a compliance program for garnishment processes and conducting 50-state surveys to better understand state garnishment laws), cross-border garnishment law issues, and the impact of the consent order on litigation.

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