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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Jimerson Firm

APRIL 11, 2022

In Florida, those association board member decisions are governed by what is known as the business judgment rule. One Florida court recently addressed the scope of the business judgment rule, as applied to a condominium association board’s decision-making power. What is the Business Judgment Rule?

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Account Recovery

OCTOBER 12, 2020

A District Court judge in Maine has granted a trade association’s motion for judgment after it sued the state for enacting laws that governed how, among other things, medical debts are reported to credit reporting agencies by collection agencies. A copy of the ruling in the case of Consumer Data Industry Association v.

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FFGN COLLECT NY

MARCH 19, 2021

If you have a judgment entered in another U.S. state or territory, the methods for entering the judgment in New York are clear according to the civil rules. Constitution that judgments from U.S. Now, what if you have a judgment from Canada and wish to domesticate the judgment in New York? territory judgment.

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FFGN COLLECT NY

MARCH 19, 2021

Domesticating a foreign country judgment in New York is possible though the rules are different than domesticating a judgment entered in another U.S. If you have a judgment entered in another U.S. state or territory, the methods for entering the judgment in New York are clear according to the civil rules. territories.

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FFGN COLLECT NY

MAY 8, 2024

The bank violated state laws preventing banks from freezing accounts with certain government benefits like Social Security, unemployment, disability payments, and balances up to (as of April 2024) $3,425. New York allows judgment creditors to restrain bank accounts belonging to judgment debtors once a judgment is entered.

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Troutman Sanders

MAY 2, 2022

District for the Southern District of New York Judge Mary Kay Vyskocil issued an order , enjoining three named sheriffs in New York from enforcing the recently enacted New York Fair Consumer Judgment Interest Act (Act) on a retroactive basis and directs the plaintiffs to deliver notice of the same to all 62 sheriffs located within the state.

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Collection Industry News

JANUARY 24, 2022

On January 18, the CFPB filed a proposed final judgment against an Illinois-based third-party payment processor BrightSpeed Solutions and its founder Kevin Howard (collectively, “defendants”), which ceased operations almost three years ago, settling claims that the defendants facilitated payments for telemarketing fraudsters targeting seniors.

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Collection Industry News

JUNE 21, 2021

The first issue here is whether the government-backed debt exemption was stricken retroactively or prospectively by AAPC. The post Court Refuses to Enforce TCPA Against Collector of Government-Backed Debt—Despite Perceived Briefing Failures appeared first on Collection Industry News. Do better folks. That’s TCPAWorld for you.

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Collection Industry News

MAY 18, 2021

After the consumer filed suit, the district court granted the CRA summary judgment, finding its actions in response to the dispute notification were reasonable as a matter of law. The post 11th Circuit Vacates FCRA Summary Judgment For Credit Reporting Agency appeared first on Collection Industry News. Source: site.

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Troutman Sanders

APRIL 27, 2023

Noting a rise in credit card delinquencies, the Consumer Financial Protection Bureau (CFPB or Bureau) released a new blog post analyzing civil judgments, the final recourse for creditors to collect on unsecured debt. According to the CFPB, civil judgments are “”both common and unevenly distributed.””

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FFGN COLLECT NY

FEBRUARY 16, 2023

The government does not regulate merchant cash advances because the government doesn’t consider MCAs loans. Confessions of judgment often enable MCA companies to deplete a business’s bank account. These types of agreements are generally short-term contracts. However, they have their downsides.

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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. Source: site. In Burns v. Keybridge Med. Revenue Care , No. 2:20-cv-12732 (E.D.

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Collection Industry News

AUGUST 18, 2020

That remedy, called a deficiency judgment, is often available in judicial foreclosure proceedings. But unless a deficiency judgment is on the table in the proceeding, a person judicially enforcing a deed of trust is seeking only the return or sale of the security, not to collect a debt.”. Article by Mark Windham & Alan D.

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Troutman Sanders

OCTOBER 12, 2023

The Middle District of Tennessee denied a defendant’s summary judgment motion in a Telephone Consumer Protection Act (TCPA) case, clearing the way for a lawsuit claiming that the defendant was secondarily liable under an agency theory for calls made by a third-party call service even though a principal-agent relationship was disclaimed by contract.

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Nexa Collect

JANUARY 19, 2022

If the debtor is not traceable or unresponsive, a collection agency can file a lawsuit and if you do not respond in the court on time, it can result in a default judgment against you. Repercussions can include wage garnishment, frozen bank account and other assets. Ignoring a debt collector’s calls can be quite unfavorable.

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Public Citizen

JULY 6, 2020

Today, the Supreme Court held that collecting government debt by robocalling cellphones didn’t deserve special First Amendment treatment. The Federal Government receives a staggering number of complaints about robocalls—3.7 The Government’s stated justification for the government-debt exception is collecting government debt.

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Collection Industry News

MARCH 7, 2022

SB 1200 would limit annual interest to 3 percent, down from 10 percent and restrict the renewal of legal judgments on unpaid debt after 10 years. For years, state law has required courts to charge exorbitant interest rates on legal judgments, exacerbating the debt owed by California families,” Skinner said in a statement. “SB

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In the Red

NOVEMBER 28, 2018

Almost every year amendments are made to the rules that govern how bankruptcy cases are managed — the Federal Rules of Bankruptcy Procedure. This year almost all of the rule amendments are to the set of Federal Rules of Bankruptcy Procedure governing appeals, those related to appeals, and others involving electronic filing.

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Troutman Sanders

DECEMBER 8, 2022

The Act has been touted as a way to protect Arizonans with medical debt from bankruptcy and set new exemption limits on property subject to debt collection and decreased the portion of a judgment debtor’s income that is subject to garnishment. The plaintiffs, led by the Arizona Creditors Bar Association Inc.,

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Jimerson Firm

APRIL 16, 2024

One tool that real estate attorneys are often asked about and property owners often consider is the Florida Land Trust, governed by the Florida Land Trust Act, Sec. There is nothing in a land trust agreement that can protect your beneficial interest from a judgment creditor. 689.071, Florida Statutes.

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FFGN COLLECT NY

MAY 9, 2022

New York state law governs most merchant cash advance agreements – even though neither the borrowers nor lenders are typically located in New York. The practice was outlawed, prohibiting out-of-state confessions of judgment from being filed in New York. What Happens When Borrowers Default on Merchant Cash Agreements.

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Collection Industry News

JUNE 16, 2023

While there is no specific federal law like the Fair Debt Collection Practices Act (FDCPA) that governs commercial debt collection practices, there are still legal considerations and regulations that collectors should be aware of. Contract law governs the formation, interpretation, and enforcement of contracts.

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Credit Corp

JUNE 3, 2021

Accounts containing government benefits. Accounts that hold government benefit payments , such as those that come from Social Security, also have some special protections when it comes to collections. If the case is decided for the creditor, a judgment is granted against you. However, this can differ by state and situation.

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Troutman Sanders

AUGUST 16, 2023

That order granted partial summary judgment in Ripple Labs’ favor regarding the sale of its XRP token. Still, it is no substitute for clear, industry-specific laws governing the applicability (or inapplicability) of U.S. Ripple Labs, Inc. as to the two adverse liability determinations in her July 13, 2023 order.

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Nexa Collect

JUNE 10, 2023

Although AI bots are pretty intelligent and become smarter over time, the possibility of breaking the law or constantly adapting new government laws can be challenging. Human oversight and intervention should also be maintained to handle complex cases or exceptional circumstances that require human judgment and empathy.

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Jimerson Firm

FEBRUARY 15, 2021

Although Florida foreclosures are governed by Chapter 702 of the Florida Statutes , foreclosing lenders must also check the local rules of the court where the lawsuit is filed to make sure that they comply with any additional requirements. In Florida, mortgage foreclosure lawsuits are filed in the county where the property is located.

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Nexa Collect

MARCH 12, 2021

Skip tracing, employment and asset tracking, locating real and personal property, investigating liens, judgments, and corporate filings with the local Secretary of State, are but a few of the methods used to recover your receivables. All that being said, in Puerto Rico interest is allowed on money judgments, at a rate of 6%.

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UK debt collections

AUGUST 5, 2020

The number of County Court Judgments registered against businesses England and Wales has fallen by nearly 30 percent compared with last year. This was the lowest number of business judgments registered in a half year since 2017. The total value of business judgments fell less, by 18.5 High Court judgments against all businesses.

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Financial Forensic Services

SEPTEMBER 19, 2021

A former government contractor claims it can locate the real time locations of specific cars in nearly any country on Earth. government at this time. FFS makes no judgment, pro or con on this information but provide it FYI only. . _. _. Diagnostic & Prescriptive Judgment Enforcement By: Joe H. www.PastorRick.com.

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CICM

SEPTEMBER 3, 2021

The first lockdown saw a moratorium on all residential judgment enforcement and landlord action. When enforcement restarted in August 2020, the Government, Public Health England and the High Court Enforcement Officers Association (HCEOA), placed additional requirements, as part of the return to enforcement strategy.

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Troutman Sanders

APRIL 22, 2022

1] This is a watershed moment in the department’s approach to cybersecurity that highlights its renewed focus and commitment to holding vendors that do business with the federal government accountable for meeting federal cybersecurity requirements. Civil Cyber Fraud Initiative. The qui tam cases are captioned United States ex rel.

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Public Citizen

AUGUST 14, 2021

Here's the abstract: For a wide variety of claims against the government, the federal courthouse doors are closed to all but those brought by powerful, organized interests. Relying on the All Writs Act, appellate courts long ago created ad-hoc procedures modeled after class actions to respond to systemic government harm.

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FFGN COLLECT NY

JUNE 14, 2023

A federal law, the FDCPA governs the actions that all third-party debt collectors must take when collecting consumer debt, which includes the notice and disclosure requirements when contacting debtors, and limitations on such contact. Law firms also focus on a smaller amount of claims that are appropriate for suit in court.

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Troutman Sanders

JANUARY 10, 2023

The FAPA amends several statutes that govern the foreclosure process in New York, including: The new law applies retroactively to any pending foreclosure filed before December 30, 2022, where a final judgment and order of sale have not been enforced.

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UK debt collections

MAY 13, 2021

” They later added: “An application will be made for an order to set aside the default judgment , to strike out the claim and for a declaration that the claim is totally without merit.”. The date of the judgment is the 20th October 2020 and it is unsure if any action was taken to enforce collection of the Unpaid CCJ.

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FFGN COLLECT NY

JULY 18, 2023

Any employer except for the government or municipality can be subject to the provisions and additional penalties of Title 20. In order to qualify, you must not be engaged in the practice of law, be a sales representative, or medical professional. Can the Employer Be Named As a Party to the Act? Does There Need to Be a Written Contract?

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