What is a Judgment?

Credit Corp

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. You should receive a notice of the judgment entry in the mail. The judgment creditor can then use that court judgment to try to collect money from you.

How to Remove a Default Judgment in New York

FFGN COLLECT NY

In order to vacate, set aside, or remove a default judgment in New York, you must make a motion to the court in which the judgment was entered. The motion will contain a specific request for the court to vacate the judgment and return monies taken to satisfy the judgment.

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Domesticating Out-of-State Default Judgments in New York

FFGN COLLECT NY

As New York debt collection attorneys , other attorneys and creditors often retain us when domesticating out-of-state judgments in New York. New York draws a large distinction between out-of-state judgments obtained on the merits and those obtained on default.

How to Get a Professional Judgment for Financial Aid

Nerd Wallet

You might need to request a professional judgment from your school if your current finances are not accurately reflected on your financial aid application. The article How to Get a Professional Judgment for Financial Aid originally appeared on NerdWallet.

Judge Partially Grants Defendant’s Motion for Judgment in FDCPA Class Action

Account Recovery

A District Court judge in Texas has partially granted a defendant’s motion for judgment on the pleadings after it was sued for violating the Fair Debt Collection Practices Act in how it attempted to collect on a judgment.

Court Enters Summary Judgment Against Plaintiff, Finds No Triable Issues Regarding Revocation of Consent

TCPA

The Eastern District of California recently entered summary judgment against a plaintiff because it found that the plaintiff failed to revoke his consent to receive auto-dialed calls on his cell phone. 19-0591, 2020 WL … Continue reading → Automatic Telephone Dialing System Revocation Summary Judgment

Getting a Judgment in Your New York Debt Collection Case During the Pandemic

FFGN COLLECT NY

Maybe you already started a New York debt collection case and are waiting for a judgment or are looking to file a new case. Before New York was placed on pause due to the COVID-19 pandemic, New York courts already had delays in processing judgments.

Application of the Business Judgment Rule to Community Association Board of Directors

Jimerson Firm

In the event the dispute evolves into a lawsuit, the business judgment rule will protect directors from personal liability so long as they did not breach their fiduciary duty. Application of Business Judgment Rule to Community Associations.

Effective Methods of Post-Judgment Litigation

admin

Cohen LLC , we fight to get your business paid on your judgment debt as well as for the services and materials you have provided for which debtors have failed to pay in a timely manner. Our debt collection services can help collect judgment debt for business owners throughout Massachusetts including, but not limited to, Hampden County. Cohen LLC uses a variety of post-judgment collection methods, including reach-and-apply injunctions. At The Law Offices of Alan M.

Using Aggressive Methods to Domesticate Foreign Judgments and Enforce Mechanics Liens

Collections Law

We Domesticate Foreign Judgments in Massachusetts. Therefore, to implement and enforce it, the creditor must get the judgment domesticated. Cohen LLC, we domesticate your foreign judgment in Massachusetts and simultaneously work to secure payment of that judgment.

The Difference Between Post Judgment Collection Attachment and Garnishment — How Both Can Benefit You in Debt Recovery

Collections Law

The use of pre-judgment attachments can ensure that the debtor does not dispose of or hide their assets to frustrate the collection of the judgment that you win. Cohen LLC leave no stone left unturned when it comes to our client’s debt recovery and post judgment collection.

New York Vacating 29,617 Northern Leasing Default Judgments

FFGN COLLECT NY

A recent decision by the NY attorney general resulted in New York vacating 29,617 default judgments obtained by Northern Leasing. The victory may be bittersweet however, as many of the affected businesses went under due to improperly entered judgments and the results that followed when the judgment creditor executed against the businesses’ assets. The company also obtained more than 19,000 default judgments against individual consumers since 2010.

Foreign Judgment Collections From a Trusted Collections Attorney

admin

Trying to collect on your foreign judgment can sometimes appear a futile effort with unfamiliar road blocks seeming to protect the judgment debtors. However, an experienced Massachusetts collections lawyer who not only uses the most aggressive and effective techniques to try to collect your foreign judgment, but actively communicates with you so that you understand both the process and tactics makes the foreign judgment collections process much more of a team effort.

Foreclosure Suit Without Request for Deficiency Judgment Is Not “Debt Collection” Under FDCPA, Ninth Circuit Holds

Collection Industry News

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.”. Thus, because a deficiency judgment was impossible in the foreclosure action, Fannie Mae necessarily was not seeking to collect a debt.

Offer of Judgment Coupled with Deposit of Funds Does not Moot Claims

Consumer Financial Services Law

A district court in Illinois has slammed the door on an attempt to moot a class action by coupling an offer of judgment with a motion under Rule 67 to deposit funds with the court. Before the plaintiff could file its motion to certify the class, the defendant moved to deposit funds with the court which defendant claimed would fully satisfy the named plaintiff’s individual claims and requested the court enter judgment in favor of the plaintiff. offers of judgment

Domesticating and Enforcing Your Foreign Judgments With a Massachusetts Collections Attorney

Collections Law

Collecting debts from debtors having assets in Massachusetts while you are in another state or a different country used to be difficult, even if you had a judgment against them. Massachusetts was among the few states that had not adopted the Uniform Enforcement of Foreign Judgment Act. Therefore, no out of state judgment could be enforced here unless and until it was domesticated by filing a new suit to obtain a Massachusetts judgment.

Debt Recovery – Utilizing Debtor Exams to Collect on a Judgment

Stevens Lloyd

You have initiated a lawsuit and won a Default Judgment against the debtor. Judgments are worthless unless you can locate and garnish the debtor’s assets, however. When a creditor obtains a judgment against an individual or company, one of the most effective techniques (providing they don’t know what assets the debtor has) is to utilize a Debtor Exam to recover monies which were awarded on the ruling document.

Foreclosure Suit Without Request for Deficiency Judgment Is Not “Debt Collection” Under FDCPA, Ninth Circuit Holds

Troutman Sanders

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.”.

Can a NY Judgment Creditor Garnish PPP or Other CARES Act Funds?

FFGN COLLECT NY

Is garnishing PPP or CARES Act funds an option for satisfying outstanding monies owed to judgment creditors? Although New York has liberal laws on judgment enforcement, CPLR Sect 5222-a provides a laundry list of funds exempt from creditors’ reach. For commercial judgment debtors, although an unintended consequence, an exemption of $2,850 is applied. A judgment creditor could freeze a payroll account belonging to a commercial judgment debtor.

Middle District of Tennessee Finds Debt Not In Default When Placed, Grants Summary Judgment For Defendant

Troutman Sanders

The issue on summary judgment was simple: whether the Defendant, NPAS, Inc. NPAS subsequently moved for summary judgment arguing that it is not a debt collector as defined by the FDCPA.

Winning a Judgment Does Not Mean You’ve “Won”

Turbo Recovery

A judgment is awarded in your favor, but the debt still isn’t paid. You call Turbo Debt Recovery and say “we have a judgment, so what do we do now? Unfortunately, even if you do sue and are awarded judgment, you aren’t done. How many other judgments do they have against them? We want to know what they owe and how likely (even with assets) they are to pay their debt either with or without a judgment.

Bankruptcy Sales Under Section 363: The Business Judgment Test That Judges Often Cite Isn’t Always the One They Use

PBWT

ect a debtor’s informed business judgment. When courts consider the rationale and evidence a debtor submits, they will sometimes cite the business judgment test as it has been articulated by the Delaware Supreme Court in cases involving consideration of corporate of?cers’ But, in practice, bankruptcy courts apply a different bankruptcy law business judgment standard when reviewing a debtor’s proposed sale of estate property.

Court Applies the Seventh Circuit’s Gadelhak Decision and Grants Summary Judgment Against Certified Class

TCPA

The Southern District of Indiana recently entered summary judgment against a certified class of TCPA plaintiffs because it concluded that defendants’ SoundBite platform did not qualify as an ATDS under the standard the Seventh Circuit recently established in Gadelhak v.

First Circuit Affirms Bankruptcy Court’s Judgment in Favor of Mortgage Company

Consumer Financial Services Law

The bankruptcy court disagreed and granted summary judgment in favor of the mortgage company. By Caren D. Enloe A First Circuit Bankruptcy Appellate Panel (the “Panel”) recently held that a mortgage company’s communications did not violate the discharge injunction when viewed under an objective standard and considering the facts and circumstances surrounding the communications. Kirby v. 21st Mortg. Corp. , 599 B.R. 427 (2019).

Court Denies Debt Collector’s Motion for Summary Judgment: Finds that Company Cannot Rely on Non-Legal Advice from State Agency

Troutman Sanders

Michael Seabright, in the District of Hawaii, denied a Defendant debt collector’s motion for summary judgment. DNF moved for summary judgment, arguing that it never communicated with Viernes because DNF’s lawyers, not DNF, filed the debt collection lawsuit. On July 31, Judge J.

Judge Denies MTD in FDCPA Case Over Garnishment SOL

Account Recovery

Consumer Financial Protection Bureau Settles Lawsuit with Debt Collectors and Debt Buyers Encore Capital Group, Midland Funding, Midland Credit Management, and Asset Acceptance Capital Corp.

Consumer Finance

On October 15, 2020, the Consumer Financial Protection Bureau filed a proposed stipulated final judgment and order to settle its lawsuit against Encore Capital Group, Inc.,

Can a Debtor Get Their Money Back?

FFGN COLLECT NY

If the demand is not productive, you needed to sue and wait for judgment. Only once the judgment is entered can you collect the monies through judgment enforcement. When the Judgment Debtor Is a No Show: The old adage “ everyone is entitled to their day in court” applies here.

Judge Grants MSJ For Defense in FDCPA Case Over Multiple Addresses in Letter

Account Recovery

How the Law Offices of Alan M. Cohen LLC Can Help With Debt Recovery of Your B2B Debt Collections

Collections Law

The following are but some of the post-judgment debt recovery methods that we employ to collect on the bad debt owed to you. . Post-Judgment Actions. These types of situations are where post-judgment collection comes into play.

Ninth Circuit Sides With Defendant in FCRA Permissible Purpose Case

Account Recovery

In a case that was defended and argued by Troutman Pepper, the Ninth Circuit Court of Appeals yesterday upheld a summary judgment in favor of a defendant that was accused of violating the Fair Credit Reporting Act by obtaining credit reports on individuals without a permissible purpose.

Encore to Pay $15M to Settle CFPB Lawsuit

Account Recovery

A copy of the stipulated final judgment … The post Encore to Pay $15M to Settle CFPB Lawsuit appeared first on AccountsRecovery.net.

Number of Business CCJ’s drops by 30%

UK debt collections

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

Judge Denies Renewed MSJ in FDCPA Case Over Status of Letter

Account Recovery

Maine Credit Reporting Amendments Pre-Empted by FCRA, Judge Rules

Account Recovery

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.

Trade 56

Judge Denies MTD in FDCPA Case Over Intangible Injuries

Account Recovery

A District Court judge in Florida has denied a defendant’s motion to dismiss a complaint for lack of subject matter jurisdiction after the judge had already granted summary judgment in favor of the plaintiff, choosing to take a second look following a ruling in an Appeals Court case.

Judge Grants MSJ For Defendant in Collector Bias Suit

Account Recovery

A District Court judge in Kansas has granted a motion for summary judgment in favor of a defendant that was accused of firing a collector because she was African-American, which underscores the importance of having documented policies and procedures and following them at all times.