American Profit Recovery

MARCH 15, 2024

However, for a wide range of reasons, small businesses can struggle to get timely payments, which ultimately affects cash flow. It’s relatively inexpensive to file a claim, and if you have paperwork to back up your claim, your business will often achieve a favorable judgment. That’s good news. That’s good news.

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FFGN COLLECT NY

OCTOBER 20, 2021

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. Payments from pensions and retirement accounts. Veterans benefits.

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Credit Corp

JUNE 3, 2020

A judgment is an order issued by a court of law. The company, creditor or collection agency has legal ways to pursue payment. If they are successful, the court issues a judgment against you. What Happens After a Judgment Is Entered Against You? You should receive a notice of the judgment entry in the mail.

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Collections Law

AUGUST 9, 2023

In our experience in business-to-business collections, debtors frequently withhold payment even when creditors have obtained legal judgments against them. In Massachusetts, getting a legal judgment may be only the first step in a collections case. If the court determines they can, it will generally issue a payment order.

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Troutman Sanders

DECEMBER 6, 2023

District Court in the Southern District of California recently held that a Federal Rule of Civil Procedure 68 offer of judgment must clearly state that attorneys’ fees and costs are limited or waived, as Arvest Central Mortgage Company (Arvest) learned to its detriment. in damages from the offer of judgment.

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Collections Law

NOVEMBER 10, 2023

You would think that winning a judgment in your debt collection case would be the end of your legal ordeal. If you already have a judgment in your favor, and you learn that your debtor has money owed to them, you can go back to the court and ask for a reach and apply injunction. Winning a judgment doesn’t always equal payment.

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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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Collections Law

DECEMBER 19, 2022

A foreign judgment is a judgment, decree, or court order outside of the Commonwealth of Massachusetts. The attorneys at the Law Offices of Alan M Cohen LLC have over five decades of experience navigating this process and can put this experience to work for you, better ensuring you get the payment you earned.

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FFGN COLLECT NY

MARCH 31, 2023

You invoiced the customer, but they did not make any payments. If the case involves undisputed facts your attorney can request a summary judgment wherein your counsel makes a motion to the court requesting it applies the law to the undisputed facts and grants a judgment. The motion for summary judgment was successful.

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Sawin & Shea

APRIL 26, 2023

A judgment lien against you can have a variety of distressing and negative consequences. Read on to learn everything you need to know about judgment liens in Indiana, including how they work and how to avoid them. What Is a Judgment Lien? Judgment Liens in the Hoosier State In Indiana, judgment liens last for 10 years.

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Collections Law

MAY 10, 2022

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. How do you collect after the judgment?

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Jimerson Firm

AUGUST 12, 2021

Lenders who move for summary judgment under Florida’s new summary judgment standard will likely enjoy more favorable outcomes. The court’s more rigorous review of attempts to withstand summary judgment will change expected litigation outcomes, impact litigation strategy, and largely benefits lenders. Guild of America, Inc.,

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FFGN COLLECT NY

NOVEMBER 4, 2021

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.

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FFGN COLLECT NY

SEPTEMBER 23, 2022

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.

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FFGN COLLECT NY

FEBRUARY 7, 2023

If the debtor defaults in the case, fails to appear or answer, the creditor’s debt collection attorney can then submit a judgment to the clerk for signature. In New York, there are certain limitations on entering default judgments. Documentation should include a written contract between the parties and a copy of a bill or invoice.

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FFGN COLLECT NY

SEPTEMBER 22, 2021

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. The remaining two cases were a reduced judgment from 2018 in the amount of $3,750.00

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Collections Law

AUGUST 17, 2021

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. At Law Offices of Alan M.

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Account Recovery

DECEMBER 4, 2023

Telling a consumer that signing up for a payment plan will reduce the interest rate on the underlying debt, then sending a letter that informs the individual that interest is accruing on the debt may be confusing to this particular individual, but it is not confusing enough to defeat a defendant’s motion for summary judgment […]

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Account Recovery

AUGUST 23, 2023

A District Court judge in Arizona has partially granted a defendant’s motion for summary judgment in a Fair Credit Reporting Act and Fair Debt Collection Practices Act case, while also denying the plaintiff’s motion for summary judgment, in a he-said, she-said case over whether the plaintiff made payments in accordance with a settlement (..)

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Troutman Sanders

JANUARY 18, 2021

Moreover, the Court denied summary judgment for Defendant on Plaintiff’s count that Defendant violated the Telephone Consumer Protection Act by “calling [Plaintiff] with an automatic dialing system.”. Payment may be made to [Defendant]. Accordingly, the Court denied Defendant’s motion for summary judgment on the count.

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Collections Law

APRIL 9, 2021

You’ve won your case in court, and your debtor needs to make the necessary payments to resolve the outstanding debt. 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. Post-Judgment Discovery. But it rarely is that easy.

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FFGN COLLECT NY

JUNE 24, 2022

Aside from judgments from family court, New York currently allows all judgment creditors the same opportunities to enforce their judgments. The remedies available differ based on whether the judgment is entered against a natural person, an individual, or a corporation. That is until now. Lien on Property.

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Jimerson Firm

APRIL 11, 2022

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 is the Business Judgment Rule?

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Troutman Sanders

AUGUST 3, 2023

Court of Appeals for the Tenth Circuit upheld a trial court’s order granting summary judgment in favor of a debt buyer holding that claim preclusion barred the plaintiff’s claims brought under the Fair Debt Collections Practices Act (FDCPA) and Utah’s Unfair Claims Settlement Practices Act (UCSPA). On August 1, the U.S.

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Collections Law

MAY 7, 2021

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. One is through post-judgment discovery, where we work to follow your debtor’s money trail to find any assets that they may be attempting to hide.

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Account Recovery

OCTOBER 19, 2022

A District Court judge in South Carolina has accepted a Magistrate Judge’s Report and Recommendation and granted a motion for summary judgment in favor of a defendant that was accused of violating the Fair Credit Reporting Act related to how the defendant was furnishing payment information to the credit reporting agencies, because the suit was (..)

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Judgment 245

FFGN COLLECT NY

JULY 13, 2021

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. Once the judgment is entered, you must provide the requisite notice of entry, if required.

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Jimerson Firm

MAY 21, 2021

Except in cases of an owner-occupied residence, lenders are entitled under Florida law to receive payments during the pendency of a foreclosure proceeding. The rules and procedure for obtaining payments are provided in Section 702.10(2), Requesting Payments. Payment Terms. 2), Florida Statutes. Section 702.10(2),

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Troutman Sanders

OCTOBER 26, 2023

District Court in the Western District of Wisconsin recently denied both the defendant and plaintiff’s summary judgment motions in a Fair Credit Reporting Act (FCRA) case, holding that the reasonableness of the defendant’s investigation of the plaintiff’s identity theft claim was a triable issue. In Simonson v. IQ Data International, Inc.,

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FFGN COLLECT NY

JUNE 29, 2022

Are you wondering what documentation or proof you will need to provide in order to vacate a default judgment in New York? Similarly, do you need proof to vacate a judgment entered pursuant to a confession of judgment you signed outside of New York that was entered in New York before the law changed prohibiting this practice?

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Troutman Sanders

MAY 8, 2023

Nexway allegedly used its merchant account to knowingly process consumer payments for third parties engaging in these scams to help the third parties “evade detection by the card brands.” In the stipulated judgment, Nexway, its affiliates, and officers, neither admitted nor denied the allegations in the complaint.

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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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Troutman Sanders

SEPTEMBER 14, 2023

District Court for the Eastern District of Michigan granted summary judgment in the defendant’s favor finding that the plaintiff had not suffered a concrete injury and therefore lacked standing to assert a claim under the Fair Debt Collections Practices Act (FDCPA). The parties filed cross motions for summary judgment. In Morgan v.

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Collections Law

AUGUST 11, 2020

You also don’t have to sit helplessly in the face of bad debts when your debtor fails to make payments. Cohen, can turn bad debts into definite debt payments, while you enjoy a stress-free debt recovery experience regardless of where you are located—in the state of Massachusetts, another state or another country.

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Troutman Sanders

FEBRUARY 3, 2023

The court held that the plaintiff could not establish a concrete injury and granted the defendants’ motion for summary judgment. The debt stemmed from a 2014 judgment on a credit card debt for $1,015.20, which included pre-judgment interest of 9% and certain fees and costs. and offering to settle for 65% of the balance.

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Collections Law

JANUARY 7, 2021

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. Attachment of Assets. Supplementary Process. Receivership.

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Account Recovery

MARCH 28, 2022

JUDGE GRANTS MSJ IN FDCPA CASE OVER MULTIPLE ADDRESSES ON PAYMENT COUPON A District Court judge in New York has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case in which a collection letter included multiple addresses for the defendant, allegedly confusing the plaintiff to the point where he … The (..)

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