Account Recovery

FEBRUARY 29, 2024

The Attorney General of New York yesterday announced an Assurance of Discontinuance with a collection law firm and its subsidiary that will see it pay $655,600 in fines and restitution to consumers.

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Account Recovery

APRIL 3, 2024

A District Court judge in Pennsylvania has denied a defendant’s motion to dismiss a Fair Debt Collection Practices Act class action lawsuit, ruling the plaintiff plausibly alleged violations of the statute after the defendant — a collection law firm — allegedly edited an account statement to include additional fees.

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FFGN COLLECT NY

JUNE 14, 2023

When a debtor owes a creditor money and the creditor is seeking assistance collecting the amount owed, the creditor can either use a collection law firm or a collection agency. Law firms and collection agencies serve the same purpose initially.

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Troutman Sanders

FEBRUARY 28, 2023

On February 13, the Second Circuit Court of Appeals affirmed the decision of an Eastern District of New York court and found that the defendant law firm, Mandarich Law Group, LLC (Mandarich), had conducted a meaningful attorney review of the plaintiff debtor’s account prior to mailing her a debt collection letter on the firm’s letterhead.

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Credit Corp

MAY 30, 2023

A judgment is an order issued by a judge or jury to settle a lawsuit. In this case, the judge may order you to pay the other party as part of the court’s final judgment. The order can be issued in one of two forms: A monetary judgment: A judgment that orders one party to pay the other party a specific amount of money.

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Account Recovery

JANUARY 25, 2022

The Court of Appeals for the Ninth Circuit has partially affirmed and partially reversed a lower court’s ruling in a Fair Debt Collection Practices Act case, determining that the District Court judge should not have granted summary judgment for a collection law firm that “expressly” informed an individual in a collection letter that (..)

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Debt Free Colorado

APRIL 1, 2021

That said, let me walk you through all the elements of this particular email that tip it off as a scam: From: Sherrill Green <SherrillGreen@outlook.com> Wait, the prestigious “Webster Law Firm” doesn’t have it’s own domain and you’re using a generic outlook.com account? Attorney at Law?

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Account Recovery

OCTOBER 5, 2021

The Supreme Court of Montana has affirmed a lower court’s ruling against a plaintiff’s attorney who filed suit against a debt collector, another attorney who was hired to collect on a judgment against the plaintiff’s attorney, and a law firm that had agreed to have its offices used for a deposition after a judgment was … The (..)

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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. These laws vary. Property levies.

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Account Recovery

JANUARY 25, 2022

Appeals Court Partially Overturns Ruling in FDCPA Case; Reg F Lawsuit Filed Over Credit Reporting appeared first on AccountsRecovery.net.

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Jimerson Firm

DECEMBER 8, 2020

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? Plaintiffs in Hillsborough county must use the Uniform Final Judgment of Foreclosure form.

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Troutman Sanders

NOVEMBER 12, 2021

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).

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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. As a result, disputes sometimes arise between the association and its members. In Miller v.

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Troutman Sanders

NOVEMBER 16, 2023

the plaintiff had a default judgment entered against her in state court for failure to pay rent. That same day, the landlord responded to the plaintiff via email informing her that her case was with the defendant collection firm who was copied on the email. In Worley v. Simon, Meyrowitz & Meyrowitz, P.C. ,

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Consumer Financial Services Law

MARCH 27, 2018

5082, officially known as the “Practice of Law Technical Clarification Act of 2018,” to the full House of Representatives. Dunn The House Financial Services Committee voted 35-25 on March 21, 2018 to advance H.R.

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Collections Law

FEBRUARY 9, 2024

Partnering with a law firm that has a reputation for ethical debt collection can help to ensure that collection efforts are both effective and compliant with the law. Our collections attorneys help our commercial clients file pre-judgment attachments, file a mechanic’s lien whenever applicable and collect on court judgments.

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Troutman Sanders

FEBRUARY 1, 2022

District Court for the Southern District of California, granting summary judgment in favor of a debt collector in a Fair Debt Collections Practices Act (FDCPA) case. The plaintiff, Jeffrey Almada, allegedly owed money to a homeowner’s association, which retained the defendant, the Krieger Law Firm, A.P.C. Krieger , No.

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Troutman Sanders

JUNE 29, 2021

Carpenter, Hazelwood, Delgado & Boren PLC , the Ninth Circuit Court of Appeals reversed and remanded the district court’s entry of summary judgment for the appellees-defendants in a Fair Debt Collection Practices Act (FDCPA) case. In Glawe v.

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Troutman Sanders

SEPTEMBER 25, 2023

District Court for the District of New Jersey denied the defendant’s summary judgment motion holding instead that a bank levy against the plaintiff served as a basis for standing to assert a claim under the Fair Debt Collections Practices Act (FDCPA). The bank retained the defendant law firm to file a collections suit against the plaintiff.

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Collection Industry News

JANUARY 24, 2022

On January 18, the CFPB filed a proposed final judgment against an Illinois-based third-party payment processor BrightSpeed Solutions and its founder Kevin Howard (collectively, “defendants”), which ceased operations almost three years ago, settling claims that the defendants facilitated payments for telemarketing fraudsters targeting seniors.

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FFGN COLLECT NY

JANUARY 5, 2021

Unfortunately, because of extensions ordered by the state, default judgments on cases filed after March 22, 2020, could not be submitted until early November 2020, during which time many businesses closed, resulting in debtors without means to repay and creditors without recovery. Can You Include Interest in Default Judgments?

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Troutman Sanders

JANUARY 12, 2023

On January 11, the Consumer Financial Protection Bureau (CFPB) announced it reached a settlement with law firm Forster & Garbus, LLP in its lawsuit over alleged illegal debt collection practices. In doing so, the CFPB alleged (similar to its previous actions involving the law firms Frederick J.

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Troutman Sanders

JUNE 28, 2022

The creditor referred the account to a law firm, which served the consumer with a collection suit and obtained a default judgment for the balance. The law firm sent four post-judgment collection letters, demanding the $4,225.74 The consumer never made a payment on the judgment. Ramirez , 141 S.

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Troutman Sanders

SEPTEMBER 23, 2021

The Rodenburg Law Firm (Rodenburg), whose primary business is debt collection, held a Commercial Umbrella Liability Policy with The Cincinnati Insurance Company (Cincinnati Insurance) that obligated Cincinnati Insurance to indemnify Rodenburg for liability to third parties for certain defined injuries. Rodenburg appealed.

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Troutman Sanders

FEBRUARY 16, 2023

On January 19, the United States Bankruptcy Court for the Western District of Virginia entered an order sanctioning a collections law firm for violating the bankruptcy discharge injunction. In October of 2000, a cell phone provider obtained a judgment against debtor Morton Skaggs. concerning the judgment. Gooch, P.C.,

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Troutman Sanders

SEPTEMBER 7, 2023

Kohn Law Firm, S.C. The creditor then placed the account with the defendant law firm for collection. The law firm filed suit against the plaintiff in state court seeking judgment in the amount of the debt as well as “statutory attorney fees.” In Choice v.

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FFGN COLLECT NY

JUNE 12, 2022

If so your collection attorney is exposing you, the law firm, and themselves to personal liability for a money judgment that could far exceed your claim. Because of the amount involved, a debt collection suit was recommended, and ultimately a judgment was entered. We notified the client and closed our file.

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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. NPAS”) is a debt collector as defined by the FDCPA.

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Public Citizen

DECEMBER 16, 2021

When consumers returned the calls, the defendants falsely claimed to be from a mediation or law firm, again threatened legal action, and used consumers’ personal information to convince consumers the threats were real.

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Collections Law

SEPTEMBER 24, 2021

Real estate attachments are a type of pre-judgment attachment. That means you secure the asset before you receive the judgment against the debtor. The debtor cannot transfer that asset while the judgment case is underway. Once you receive your judgment, you have an asset set aside which may pay the debt.

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NCBA Law Practice Management Blog

NOVEMBER 4, 2022

And, with respect to managing a law firm, contact with other attorneys can be essential for building a viable referral network. you can opt for an office share, potentially with in the offices of another law firm, that you can use on an ad hoc basis. No judgment here.) Human contact is still a good thing.

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Consumer Financial Services Law

DECEMBER 21, 2016

The case arose from the law firm’s post judgment efforts to garnish wages. A recent decision by a Minnesota district court sheds some light on the issue and provides a positive decision for debt collection attorneys. Unifund CCR, LLC, 2016 U.S. LEXIS 168707 (Dec.

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Account Recovery

MARCH 24, 2021

A District Court judge in Wisconsin has denied a defendant’s motion for summary judgment after it was sued for allegedly violating the Fair Debt Collection Practices Act because it attempted … The post Judge Denies Defendant’s MSJ in FDCPA Case Seeking to Collect on Canceled Debt appeared first on AccountsRecovery.net.

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Troutman Sanders

OCTOBER 17, 2023

In 2010, the defendant purchased the account and placed it with a law firm for collection. After receiving letters from the law firm, the plaintiff set up a payment plan, which she completed in 2013. The plaintiff later defaulted on her payment obligations and the account was “charged off.”

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Consumer Financial Services Law

MARCH 23, 2021

District Court for the Eastern District of New York recently denied cross-motions for summary judgment on a debtor’s claim that a law firm’s validation notice constituted a meaningful attorney involvement violation of the FDCPA. The disclosure at issue placed the law firm in a somewhat awkward position.

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Collections Law

APRIL 19, 2022

Even if you do achieve a judgment in your own state, you have the added step of needing to domesticate the judgment in the debtor’s state. Domestication through registration Registration is the easier domestication path under the law, but may not be a very strong enforcement tool. You do not have to wait the 30 days.

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FFGN COLLECT NY

JUNE 2, 2022

The concern in the state is that sometimes when consumers are sued judgments are wrongly entered for invalid debts. The result of letting it go led to default judgments. Although some of these default judgments were valid, many were not. Upsolve provides an online web app.

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