N.Y. Enacts Law Lowering Judgment Interest on Consumer Debts

Account Recovery

The Governor of New York last week signed a bill into law that will lower the interest rate that can be charged on unpaid money judgments to 2%. Enacts Law Lowering Judgment Interest on Consumer Debts appeared first on AccountsRecovery.net.

Pre- vs. post-judgment collections: What is the difference?

Collections Law

The first major question we must ask is whether we will pursue an attachment to the debtors assets before we have a judgment from the court, known as a prejudgment attachment. Our other option is to wait until after we receive the judgment from the court, known as post-judgment collection.

Bill Introduced in California to Lower Judgment Interest Rate, Restrict Renewals

Account Recovery

A bill has been introduced in the California legislature that would significantly lower the amount of judgment interest that can be assessed on unpaid consumer and personal debt while also restricting the renewal of judgments.

How do I collect after a court judgment?

Collections Law

Examples of legal tools that can help you collect post-judgment can include: Seize non-exempt assets. Call us at 508-763-6604 or email us to have our aggressive collections attorneys work to enforce your judgment.The post How do I collect after a court judgment?

Report Labels Post-Judgment Interest as New ‘Battleground’ for ARM Industry

Account Recovery

The collection of post-judgment interest is in the news, and is being cited as a relic of “a different era” which can cost the amount of debt owed by an individual to “balloon in a way that makes it hard to” repay.

Credit Unions File Suit to Block New Judgment Interest Rate From Taking Effect in N.Y.

Account Recovery

A trio of credit unions from Western New York yesterday filed a class-action complaint seeking an expedited hearing in an attempt to block a new law from going into effect that lowers the maximum rate of post-judgment interest that can be charged in the state to 2%, from 9% currently.

Why Do Merchant Cash Advance Companies Record Judgments In NY?

FFGN COLLECT NY

Since the documents anticipate a default in payment by the buyer, why then do merchant cash advance companies record judgments in New York? Due to abuse, New York outlawed the practice of allowing confessions of judgments executed outside of New York to be filed within the state.

3 reasons to use post-judgment litigation in collections

Collections Law

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. Post-Judgement Collections Post-judgment

New Law in Arizona Changes Homestead Exemption for Judgment Creditors

Account Recovery

Compliance Arizona HB 2617 Judgments

Post-judgment collections

Collections Law

The entry of a judgment does not translate into payment in most cases. During the initial judgment case, the Massachusetts courts do not allow the creditor business to inquire into the debtor’s assets. A debt collection judgment changes this, however, allowing post-judgment discovery.

Mich. Appeals Court Upholds Ruling on Post-Judgment Interest Case

Account Recovery

Appeals Court Upholds Ruling on Post-Judgment Interest Case appeared first on AccountsRecovery.net.

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.

Judge Denies Default Judgment Motion in FDCPA Case

Account Recovery

Better late than never, a federal judge in Nevada has ruled, denying a motion for default judgment against a defendant in a Fair Debt Collection Practices Act case because the defendant has now starting to defend itself “in earnest.”

Judge Certifies Class in FDCPA Suit Over Threat of Judgment

Account Recovery

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.

90 Days From Exemplification To Domesticate Judgment in NY?

FFGN COLLECT NY

New York gives full faith and credit to judgments entered in other states as required by the Constitution and under New York Civil Rules, provided the judgment was not entered on default and not entered pursuant to a confession of judgment. was a judgment entered on the merits).

Appeals Court Affirms Summary Judgment for Collector in FCRA Case

Account Recovery

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.

If a Judgment Debtor Is a Beneficiary of an Estate, You Can Have the Distribution Sent to You Instead

FFGN COLLECT NY

If you have a judgment against a person who owes you a sizable debt and had little success enforcing the judgment through traditional means, alternative options might afford better results. How to Enforce a Judgment Through Estate Distribution. Judgment Enforcement

Appeals Court Affirms Summary Judgment for Defendant in FCRA Case

Account Recovery

But sometimes there are entries on a credit report that make determining whether seven years has past or not more difficult than it would … The post Appeals Court Affirms Summary Judgment for Defendant in FCRA Case appeared first on AccountsRecovery.net. Seven years.

Best Practices to Enforce a Judgment 

FFGN COLLECT NY

A client of ours in the waterproofing business asked for our best practices when enforcing a judgment. Best practices would generally infer that judgment enforcement differs based on the creditor’s industry, but that’s not the case. Further Steps to Enforce a Judgment.

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.

Ariz. AG Obtains Judgment Banning Collector; Defendants to Pay Up to $1.8M in Fines and Restitution

Account Recovery

The Attorney General of Arizona on Friday announced that the defendants in a lawsuit filed by its office have reached a consent judgment that will see the defendants pay $1.6 AG Obtains Judgment Banning Collector; Defendants to Pay Up to $1.8M

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.

Appeals Court Vacates Judgment for Plaintiff in FDCPA Case

Account Recovery

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 to Remove Civil Judgments From Your Credit Report

Better Credit Blog

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. What Is a Civil Judgment?

What Does Florida’s New Summary Judgment Standard Mean For Lenders in Borrower Default Cases?

Jimerson Firm

Lenders who move for summary judgment under Florida’s new summary judgment standard will likely enjoy more favorable outcomes. How Does Florida’s New Summary Judgment Standard Differ From Its Old Summary Judgment Standard?

Condominium Board Members: The Business Judgment Rule and Its Protections

Jimerson Firm

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 Does Florida’s New Summary Judgment Standard Mean For Insurers?

Jimerson Firm

Insurers will likely enjoy more favorable outcomes under Florida’s new summary judgment standard. The court’s less rigorous review of attempts to withstand summary judgment will impact expected litigation outcomes, litigation strategy, and largely benefits insurers.

Judge Grants Motion for Judgment in FDCPA Case Because Debt in Question Not Subject to Statute

Account Recovery

A District Court judge in Ohio has granted a defendant’s motion for judgment on the pleadings in a Fair Debt Collection Practices Act case ruling that the underlying debt in question did not meet the statute’s definition of debt.

Judge Grants Summary Judgment for Defendant in FDCPA Case Over Multiple Addresses on Payment Coupon

Account Recovery

Judge Partially Grants MTD in FDCPA Case Over ‘Improper’ Default Judgment Motion in Underlying Collection Suit

Account Recovery

A copy of the ruling … The post Judge Partially Grants MTD in FDCPA Case Over ‘Improper’ Default Judgment Motion in Underlying Collection Suit appeared first on AccountsRecovery.net.