Expert insights. Personalized for you.
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. MORE
A copy of the stipulated final judgment … The post Encore to Pay $15M to Settle CFPB Lawsuit appeared first on AccountsRecovery.net. MORE
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 MORE
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. MORE
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. MORE
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. MORE
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. MORE
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., MORE
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 MORE
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.”. MORE
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. MORE
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. MORE
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. MORE
56 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. MORE
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. MORE
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. MORE
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. MORE
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. MORE
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. MORE
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. MORE
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. MORE
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. MORE
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. MORE
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 MORE
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. MORE
56 
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. MORE
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. MORE
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. MORE
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. MORE
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). MORE
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. MORE
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. MORE
Judgment Related Topics 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. 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.
FFGN COLLECT NY
JULY 23, 2020
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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
FFGN COLLECT NY
AUGUST 30, 2020
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.
Nerd Wallet
OCTOBER 8, 2020
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.
Account Recovery
AUGUST 28, 2020
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.
TCPA
JUNE 10, 2020
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
FFGN COLLECT NY
SEPTEMBER 3, 2020
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.
Jimerson Firm
AUGUST 11, 2020
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.
admin
NOVEMBER 6, 2019
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.
Collections Law
AUGUST 11, 2020
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.
Collections Law
OCTOBER 5, 2020
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.
FFGN COLLECT NY
JUNE 17, 2020
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.
admin
DECEMBER 5, 2019
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.
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.”. Thus, because a deficiency judgment was impossible in the foreclosure action, Fannie Mae necessarily was not seeking to collect a debt.
Consumer Financial Services Law
DECEMBER 15, 2016
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
Collections Law
APRIL 1, 2020
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.
Stevens Lloyd
DECEMBER 13, 2018
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.
Troutman Sanders
JULY 28, 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.”.
FFGN COLLECT NY
JUNE 3, 2020
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.
Troutman Sanders
AUGUST 4, 2020
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.
Turbo Recovery
JUNE 6, 2018
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.
PBWT
MAY 31, 2020
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.
TCPA
JULY 13, 2020
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.
Consumer Financial Services Law
AUGUST 27, 2019
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).
Troutman Sanders
AUGUST 10, 2020
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.
Consumer Finance
OCTOBER 14, 2020
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.,
FFGN COLLECT NY
OCTOBER 16, 2020
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.
Account Recovery
OCTOBER 22, 2020
Collections Law
OCTOBER 5, 2020
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.
Account Recovery
OCTOBER 21, 2020
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.
Account Recovery
OCTOBER 15, 2020
A copy of the stipulated final judgment … The post Encore to Pay $15M to Settle CFPB Lawsuit appeared first on AccountsRecovery.net.
UK debt collections
AUGUST 4, 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
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.
Account Recovery
OCTOBER 12, 2020
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.
Account Recovery
OCTOBER 9, 2020
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.
Let's personalize your content