New Law in Arizona Changes Homestead Exemption for Judgment Creditors

Account Recovery

Compliance Arizona HB 2617 Judgments

How to Collect on a Judgment in New York

FFGN COLLECT NY

Is your New York judgment valid? If so, you will need to know how to collect on a judgment so it can get you paid. Article 52 of New York State Civil Practice Law and Rules authorizes judgment enforcement in New York. Within the statute, New York gives creditors liberal rights and remedies to collect their judgment largely without court intervention. Once the judgment is entered, you must provide the requisite notice of entry, if required.

Insiders

Sign Up for our Newsletter

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

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.

Post-Judgment Collection Practices for When Your Debtor Won’t Pay Up

Collections Law

Very often your initial attorney who obviously excels at winning the case for you does not know the ins and outs of debt recovery or post-judgment collection. Cohen LLC have over 45 years of combined experience with post-judgment collection practices. Post-Judgment Discovery.

Florida Supreme Court Amends Summary Judgment Procedural Rule to Mirror Federal Doctrine

Burr Forman

31, 2020), the Florida Supreme Court, on its own motion, amended Florida Rule of Civil Procedure 1.510 to adopt the summary judgment standard articulated by the United States Supreme Court. Most states have adopted the federal summary judgment doctrine and the U.S.

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.

Domesticating a Foreign Judgment in New York

FFGN COLLECT NY

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. If the judgment was entered “on the merits” with an appearance by the defendant in the state or territory where the original case was brought, then the judgment can be docketed in New York with a notice to the judgment debtor that the judgment has been docketed in the state.

FTC Secures $24M Judgment Against Collection Agency

Account Recovery

How to Get a Deficiency Judgment After a Foreclosure Sale

Jimerson Firm

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.

Indiana AG Obtains $1.3M Judgment Against Collection Agency, Owner

Account Recovery

million judgment against a collection agency and its owner that were accused of engaging in deceptive and abusive collection practices and operating without a proper license. Judgment Against Collection Agency, Owner appeared first on AccountsRecovery.net.

Summary Judgment Obtained on Common Carrier Issue

Burr Forman

obtained summary judgment in their favor on behalf of R.J. Defense counsel brought a motion for summary judgment on behalf of RJC, arguing that Mr. McGinnis’s employer was not a “common carrier by rail” subject to the FELA.

Using Your Debtor’s Assets to Secure Judgment Collections

Collections Law

Winning your case in court is often the easy part of the legal debt collection process; it’s collecting your payment post-judgment where things get challenging and require a bit of strategy.

How Our Business Collection Attorneys Domesticate and Enforce Foreign Judgments Against Debtors

Collections Law

Cohen LLC, you will find that the process of domesticating and enforcing foreign judgments against your debtors is a much more straightforward process than one would typically expect. Filing of Judgments.

Appeals Court Affirms Ruling in FCRA Judgment Case

Account Recovery

The Court of Appeals for the Second Circuit has upheld a lower court’s ruling in favor of a defendant that was sued for allegedly violating the Fair Credit Reporting Act for how it identified a default judgment that had been subsequently settled on the plaintiff’s credit report.

Nassau County Imposes Extra Requirement to Obtain Debt Collection Judgments

FFGN COLLECT NY

Interested in entering a judgment to get closer to collecting in your New York debt collection case? If so, and you sued in Supreme Court, Nassau County, you will want to know about an extra requirement to obtain a default judgment in your debt collection case. Usually, if a judgment creditor sues for a liquidated sum, upon presentation of proper evidence and carefully prepared papers referred to as a judgment roll, the clerk can enter a judgment without direction from a judge.

A Proper Final Judgment of Foreclosure: Form 1.996(a)

Jimerson Firm

The Florida Supreme Court has published the proper form to use when seeking a final judgment of foreclosure: Form 1.996(a), Final Judgment of Foreclosure (8-18-20). What Does Form 1.996(a), Final Judgment of Foreclosure, Include?

How a Foreign Judgment Is Enforced in Massachusetts

Collections Law

If you are an out-of-state business dealing with a delinquent debtor in the Commonwealth of Massachusetts, it’s a much more straightforward process than you might think to domesticate your judgment. However, it is still an uphill battle to have such a judgment enforced.

Domesticating a Foreign Country Judgment in New York

FFGN COLLECT NY

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. Constitution that judgments from U.S. Now, what if you have a judgment from Canada and wish to domesticate the judgment in New York?

Appeals Court Vacates Judgment for Plaintiff in FDCPA Case

Account Recovery

Lenders Beware: Foreclosure Judgments Can be Set Aside At Any Time Before The Sale Occurs

Jimerson Firm

Although a lender may have won the battle by obtaining a final judgment of foreclosure from the court, it may not win the war. Although a lender may not be able to avoid this from happening, it should be aware of how and why their final judgment of foreclosure may be set aside.

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.

UVA Health to Wipe Out Tens of Thousands of Liens, Judgments

Account Recovery

UVA Health said yesterday that it is canceling many of its outstanding liens and judgments resulting from collection lawsuits dating back to the 1990s.

Judge Partially Denies Defendant’s Motion for Judgment in FCRA, FDCPA Case Over Removal of Dispute Notification

Account Recovery

Navigating the rough waters of credit reporting is tough sailing oftentimes. Even when a company tries to do the right thing, problems can arise.

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.

What Business Owners Need to Know About Their Foreign Judgment Rights

Collections Law

Cohen LLC domesticate and enforce foreign judgments for clients outside Massachusetts. We’ve created this blog as a primer on how we handle foreign judgment cases, as well as examining the tools that we use to help business owners like you to collect their accounts receivables.

Judge Awards $17k in Damages and Attorney’s Fees in FCRA Default Judgment

Account Recovery

A copy … The post Judge Awards $17k in Damages and Attorney’s Fees in FCRA Default Judgment appeared first on AccountsRecovery.net.

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

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.

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 company also obtained more than 19,000 default judgments against individual consumers since 2010. Vacating Northern Leasing Default Judgments.

What Do The Florida Supreme Court Changes To Florida’s Summary Judgment Mean For the Business Community?

Jimerson Firm

On December 31, 2020, the Florida Supreme Court changed Florida’s summary judgment standard by adopting the federal standard in an amendment to Florida Rule of Civil Procedure 1.510. What was Florida’s old summary judgment standard? Why did Florida’s summary judgment standard change?

Domesticating Your Foreign Judgments with Skilled Collections Attorney Alan M. Cohen

Collections Law

Like nearly every other state as of 2020, Massachusetts finally adopted the Uniform Enforcement of Foreign Judgments Act, allowing out-of-state judgments to be domesticated by Massachusetts attorneys. How We Can File Foreign Judgments for Domestication By Registration.

Summary Judgment & Shifting the Burden of Proof: Court Grants Summary Judgment for Plaintiff and Denies Summary Judgment for Defendant in FDCPA and TCPA Case

Troutman Sanders

Moreover, the Court denied summary judgment for Defendant on Plaintiff’s count that Defendant violated the Telephone Consumer Protection Act by “calling [Plaintiff] with an automatic dialing system.”. Accordingly, the Court denied Defendant’s motion for summary judgment on the count.

Judge Denies Plaintiff’s Motion for Partial Judgment in FDCPA Letter Case

Account Recovery

A District Court judge in Arizona thinks the answer to the question is yes … The post Judge Denies Plaintiff’s Motion for Partial Judgment in FDCPA Letter Case appeared first on AccountsRecovery.net.

Indiana District Court Grants Partial Summary Judgment for Defendant in FDCPA Case

Troutman Sanders

Med-1 Solutions LLC , an Indiana district court granted partial summary judgment for the defendant in a Fair Debt Collection Practices Act (FDCPA) case. Both parties moved for summary judgment. In Kinnick v.

Trade Groups File Summary Judgment Motion In Texas Lawsuit Challenging CFPB Loan Rule That Is Payday

Collection Industry News

The industry trade teams challenging the CFPB’s rule that is final Payday, Vehicle Title, and Certain High-Cost Installment Loans (the Rule) have filed a movement for summary judgment. The plaintiffs argue that the payments provisions should be held unlawful and set aside for the following reasons in their summary judgment motion. The post Trade Groups File Summary Judgment Motion In Texas Lawsuit Challenging CFPB Loan Rule That Is Payday appeared first on Collection Industry News.

Trade 40