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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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

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

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

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

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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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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Jimerson Firm

NOVEMBER 8, 2023

Judgment creditors are often faced with the question of how to collect an out-of-state judgment (also commonly referred to as a foreign judgment) in Florida. Once the foreign judgment is domesticated, the judgment creditor may pursue post-judgment collections efforts in Florida. 55.501, Fla. 55.505, Fla.

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Jimerson Firm

JANUARY 26, 2023

When a judgment creditor in Florida attempts to collect on a judgment involving an individual, one mechanism for doing so is through a garnishment action of the judgment debtor’s bank account. Florida has a statutory garnishment process that judgment creditors must follow. See Florida Statute Chapter 77.

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Direct Recovery

APRIL 16, 2023

Wage garnishments are the ultimate threat posed by every debt collection scenario, but finding yourself on the wrong end of one doesn’t have to be a financial death sentence. Legal notices soon follow, along with a court judgment taking a big chunk of your paycheck. This can be done legally by obtaining a court order.

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Credit Corp

MAY 30, 2023

A judgment is an order issued by a judge or jury to settle a lawsuit. In this case, the judge may order you to pay the other party as part of the court’s final judgment. The order can be issued in one of two forms: A monetary judgment: A judgment that orders one party to pay the other party a specific amount of money.

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FFGN COLLECT NY

JULY 7, 2022

On December 31, 2021, Governor Hochul signed the Fair Consumer Judgment Interest Act into law. This amended the post-judgment interest rate on all judgments against consumers from 9% to 2%, effective April 30, 2022. An income execution (also known as a garnishment) is another manner of collecting a money judgment.

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Account Recovery

MARCH 19, 2021

Judge Grants MSJ for Plaintiff Over Status of Debt; Toomey Blocks Anti-Garnishment Law appeared first on AccountsRecovery.net.

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Account Recovery

FEBRUARY 8, 2024

A District Court judge in North Carolina has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that the plaintiff failed to state a claim after accusing the defendant of violating the statute by sending a collection summons and complaint to an incorrect address, obtaining a default judgment, and garnishing (..)

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FFGN COLLECT NY

JUNE 3, 2020

With both consumers and small businesses receiving funds from the Paycheck Protection Program (PPP) and CARES Act, questions have come up as to whether these amounts can be frozen or garnished by debt collectors or creditors. Is garnishing PPP or CARES Act funds an option for satisfying outstanding monies owed to judgment creditors?

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Account Recovery

DECEMBER 12, 2023

Creditors Facing FCRA Suit for Sending Card to Other Person with Same Name as Plaintiff Judge Remands Class Action Back to State Court NCLC Report Criticizes State’s Inabilities to Protect Consumers from Judgments, Garnishments FTC Issues Warning About QR Code Scams WORTH NOTING: The best gifts for people who work from home … A gift […] (..)

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Credit Corp

MAY 17, 2021

But those who are struggling with debt might wonder: Can my stimulus check be garnished for credit card debt or other money owed. In some cases, the money you get from the third stimulus could be garnished. If the child support is a federal or state debt, stimulus money cannot be offset or garnished to cover it.

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Credit Corp

JUNE 3, 2020

A judgment is an order issued by a court of law. If they are successful, the court issues a judgment against you. What Happens After a Judgment Is Entered Against You? The court enters a judgment against you if your creditor wins their claim or you fail to show up to court. What Is a Judgment on Property?

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Collections Law

OCTOBER 5, 2020

You may have heard the words “attachments” and “garnishments” thrown around. Cohen LLC knows when to effectively use attachments and when wage garnishments are appropriate and likely effective. The How’s and Why’s of Garnishments. How We Make Attachments and Garnishments Work For You.

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Account Recovery

NOVEMBER 9, 2022

Voters in Arizona yesterday approved a measure that will increase the amounts that consumers can shield from garnishments to pay medical debts while also lowering judgment interest rates in a move that is expected to be taken up in other states across the country, while a state Attorney General who is very well-known to the … The post Recapping (..)

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Account Recovery

NOVEMBER 12, 2021

There isn’t a state in the country that is adequately protecting families from debt collectors, debt buyers, and creditors with exemption laws, allowing individuals to keep some of their assets or paychecks when a garnishment order or judgment is awarded, according to a report issued this week by the National Consumer Law Center.

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American Profit Recovery

MARCH 15, 2024

It’s relatively inexpensive to file a claim, and if you have paperwork to back up your claim, your business will often achieve a favorable judgment. A small claims judgment is just that, an order from the court for the client to pay your business. In short, it becomes your responsibility to enforce that judgment.

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Account Recovery

AUGUST 15, 2022

The California Association of Collectors has started a grassroots effort to get participants in the accounts receivable management industry to share their feelings about a bill being considered in the state legislature that would protect more of consumers’ assets from garnishments and judgments.

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Account Recovery

AUGUST 8, 2022

A trial is scheduled for this week in Arizona to challenge adding an item to the November ballot that would give residents of the state the opportunity to increase the amounts that consumers can shield from garnishments to pay medical debts while also lowering the judgment interest rate on medical debt.

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Account Recovery

JULY 5, 2022

Friday is the deadline for a group seeking to increase the protections that consumers can use to shield assets from garnishments to pay medical debts while also lowering the judgment interest rate on medical debt to get enough signatures to add the measure to the November ballot in Arizona.

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Account Recovery

JULY 12, 2022

An organization seeking to put a measure on the ballot in Arizona this November that would increase the amounts that consumers can shield from garnishments to pay medical debts while also lowering the judgment interest rate on medical debt turned in twice as many signatures as needed last week, and is “likely” headed to the … The (..)

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Account Recovery

OCTOBER 28, 2021

Separate bipartisan bills were introduced yesterday in both the House of Representatives and the Senate to amend the Servicemembers Civil Relief Act, which protects members of the Armed Forces and other branches of the government from certain financial situations, including judgments, garnishments, and other adverse collection-related actions.

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Collections Law

OCTOBER 5, 2020

You may have heard the words “attachments” and “garnishments” thrown around. Cohen LLC knows when to effectively use attachments and when wage garnishments are appropriate and likely effective. Wage garnishments pertain to wealth or income sources paid to the debtor by a third party, usually their employer.

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Collections Law

DECEMBER 27, 2021

Once you manage to receive a judgment from the court for the debt a client or customer owes you, your next step is collecting on that judgment. Cohen LLC, we know how difficult collection can be, even when you have a judgment. In some cases, post-judgment litigation is the right path to take. At Law Offices of Alan M.

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Direct Recovery

JUNE 24, 2020

Like many other consumer-focused states, California has put a number of different protections in place that forbid debt collectors from garnishing those valuable stimulus checks. The Judgment Factor. However, if there is no judgment in place, a commercial debt collector has no legal right to collect any portion of the stimulus check.

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Collections Law

FEBRUARY 28, 2023

To turn that judgment into money, you need the experienced collection attorneys at The Law Offices of Alan M. Ordinary attorneys can’t get much further than getting you the judgment. Here are some of the ways we aggressively collect on court judgments: Seizing any non-exempt assets through a writ of execution. Cohen LLC.

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Account Recovery

FEBRUARY 27, 2023

The Court of Appeals for the Tenth Circuit has upheld a ruling in favor of a defendant that was sued for obtaining a default judgment and garnishing the plaintiff’s wages after he defaulted on a student loan debt, by falsely claiming he was the victim of identity theft and claiming the defendants lacked standing to … The post Appeals Court (..)

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Sawin & Shea

APRIL 26, 2023

A judgment lien against you can have a variety of distressing and negative consequences. Read on to learn everything you need to know about judgment liens in Indiana, including how they work and how to avoid them. What Is a Judgment Lien? Judgment Liens in the Hoosier State In Indiana, judgment liens last for 10 years.

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Jimerson Firm

JANUARY 28, 2021

When a lender obtains a final judgment of foreclosure from the court, the mortgaged property is sold at public auction and, if bought by someone other than the foreclosing lender, the proceeds are applied to the debt owed by the delinquent borrower. Procedure For Getting a Deficiency Judgment. Amount of Deficiency Judgment.

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Collection Industry News

FEBRUARY 25, 2022

In Minnesota, a creditor may issue a garnishment summons to any third party “at any time after entry of a money judgment in [a] civil action.” The parties stipulated as to remedy, and the trial court entered final judgment awarding Debtor statutory damages plus attorney’s and filing fees. Source- site. Creditor appealed.

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Troutman Sanders

JANUARY 29, 2024

Five months after the debtor received her discharge, Metris Companies assigned the credit card debt to Florida Credit Research, which sued the debtor in state court and received a judgment in its favor. Nineteen years later, the debt buyer filed a motion for proceedings supplementary to execution in state court to collect on the judgment.

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Better Credit Blog

MAY 12, 2022

In my recent experience, it’s not hard to remove judgments from your credit report as long as you follow the proper steps. Many readers assume it’s impossible to have the credit bureaus remove civil judgments because they involve the court system. It’s still possible you could see a judgment pulling down your credit score.

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