Which Funds Are Exempt From Judgment Enforcement?

FFGN COLLECT NY

When considering what funds are exempt from judgment enforcement and the reach of judgment creditors, New York and the federal government draw a line between enforcing judgments against consumers and enforcing judgments against commercial entities.

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.

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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.

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

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.

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.

A Good Collection Attorney Knows How to Benefit From New York’s Liberal Judgment Enforcement Policies

FFGN COLLECT NY

There is no state as liberal as New York when it comes to commercial debt collection and the enforcement of judgments against commercial entities. New York Civil Practice and Rules Article 52 grants the judgment creditor many liberties and privileges when it comes to enforcing a 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.

Appeals Court Upholds Ruling Denying Defendant’s Request for Relief of Judgment in FDCPA Case

Account Recovery

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.

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?

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.

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.

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

Judge Grants Defendant’s Motion for Judgment in FCRA, 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?

Daily Digest – November 12. Judge Grants Defendant’s Motion for Judgment in FDCPA, FCRA Case; Hunstein Defendant Asks for Extension

Account Recovery

Judge Grants Defendant’s Motion for Judgment in FDCPA, FCRA Case; Hunstein Defendant Asks for Extension appeared first on AccountsRecovery.net.

FTC Secures $24M Judgment Against Collection Agency

Account Recovery

Error Leads Judge to Overturn Verdict in Favor of Defendant in FDCPA Class Action

Account Recovery

Compliance FDCPA 1692e Bassett v Credit Bureau Services District Court for the District of Nebraska Judge Joseph Bataillon Judgment as a matter of law Pre-judgment interest

Judgment on Default or Judgment on the Merits? Why It Matters in NYS Debt Collections.

FFGN COLLECT NY

When calling a New York debt collection lawyer for help pursuing or defending a judgment obtained in New York or elsewhere, one of the top questions asked is whether the judgment was obtained on the merits or on default. Unlike New Jersey, which accepts judgments obtained from other states regardless of whether they were obtained on the merits or on default, New York does not. What Is a Default Judgment? What Is a Judgment Obtained on the Merits?

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.

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 Grants Defendant’s Motion for Judgment on Pleadings in ‘Imposter’ Case

Account Recovery

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.

Appeals Court Affirms Defendant’s Summary Judgment Ruling in FDCPA Statute of Limitations Case

Troutman Sanders

Capouano, Beckman, Russell & Burnett LLC , the Court of Appeals for the Eleventh Circuit recently affirmed defendant law firm Capouano, Beckman, Russell & Burnett LLC’s (Firm) motion for summary judgment involving an alleged violation of the Fair Debt Collection Practices Act (FDCPA).

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.

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.

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.

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 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.

Judge Grants Default Judgment For Plaintiff in FDCPA Case, But Denies Request for $25k in Emotional Distress Damages

Account Recovery

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?

Judge Grants $71k in Legal Fees in FDCPA Case

Account Recovery

A District Court judge in New Jersey has granted a plaintiff’s motion for more than $71,000 in attorney’s fees — exactly what the plaintiff was asking for — after the plaintiff agreed to an offer of judgment in a Fair Debt Collection Practices Act case.