article thumbnail

Judge Denies Competing Summary Judgment Motions in FDCPA Case

Account Recovery

A District Court judge in Washington has denied competing motions for summary judgment in a Fair Debt Collection Practices Act case that stretches back more than 13 years, ruling that both sides point to facts that could be ruled in their favor, thus leaving it for a jury to decide. The Background: Back in 2011, […]

Judgment 130
article thumbnail

NCLC Report Grades States on Garnishment, Judgment Protections

Account Recovery

A report issued last week by the National Consumer Law Center grades each state on its exemption laws, which determine how much consumers can protect from judgments and garnishments, determining that none of the 50 states or other territories meet what the organization defines as the five basic standards.

Insiders

Sign Up for our Newsletter

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

article thumbnail

Judge Vacates Default Judgment Against Defendant in FDCPA Suit

Account Recovery

A District Court judge in Indiana has granted a motion to vacate a default judgment that was entered against a defendant in a Fair Debt Collection Practices Act case, ruling that the plaintiff never properly served the defendant with the summons and complaint, after the defendant removed the case to federal court.

Judgment 246
article thumbnail

Ohio Appeals Court Affirms Summary Judgment for Collector

Account Recovery

An Ohio Appeals Court has upheld a summary judgment ruling in favor of a collection operation that filed a lawsuit seeking to collect on an unpaid debt. The Background: In September 2022, the plaintiff filed a lawsuit against the defendant seeking to collect on an unpaid credit card debt. The plaintiff filed a motion for […]

Judgment 130
article thumbnail

Ruling in N.Y. State Court Opens Door to Challenging Default Judgments

Account Recovery

A ruling in New York state court could have the potential to upend a decade’s worth of default judgments while also having a “huge” impact on future cases, according to a published report.

Judgment 130
article thumbnail

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%. The law not only applies to new judgments, but also will be applied retroactively to any judgment that is not fully paid or satisfied when the law … The post N.Y.

Judgment 245
article thumbnail

Judge Sets Aside Default Judgment Against Defendant in FDCPA Case

Account Recovery

A District Court judge in North Carolina has granted a defendant’s motion for relief from judgment on the grounds that a default judgment obtained by the plaintiff in a Fair Debt Collection Practices Act case is void due to lack of service of process. A copy of the ruling in the case of Becvar v.

Judgment 246