Account Recovery

JANUARY 16, 2024

Collector Facing Class-Action For Sending Email to Plaintiff, 26 Others Judge Denies Competing Summary Judgment Motions in FCRA Case Over Dispute Investigation Student Loan Servicer Fined $1.8M

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Account Recovery

OCTOBER 11, 2021

Creates Student Loan Enforcement Unit appeared first on AccountsRecovery.net. Judge Awards Plaintiff $70k in Damages, Fees; Ed.

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Collection Industry News

AUGUST 8, 2022

15 provides the Private Student Loan Collections Reform Act, which is contained in Sections 1788.200 to 1788.211. Section 1788.205 provides that, in an action brought by a private education lender or private education loan collector to collect a private education loan, the complaint must allege specified information.

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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

FEBRUARY 27, 2023

The Court of Appeals for the Tenth Circuit has upheld a ruling in favor of a defendant that was sued for obtaining a default judgment and garnishing the plaintiff’s wages after he defaulted on a student loan debt, by falsely claiming he was the victim of identity theft and claiming the defendants lacked standing to … The post Appeals Court (..)

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Student loans Student Loans Garnishment Judgment 130

ABI

JANUARY 12, 2022

Generally, student loan debt will not be discharged in a case under title 11 of the United States Code (the “Bankruptcy Code”) unless there is a showing of “undue hardship on the debtor and debtor’s dependents.” 7] The debtor disagreed and filed a cross motion for Summary Judgment. [8]. as provided by section 523(a)(8). [1]

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Collection Industry News

JUNE 20, 2022

On June 9, the CFPB filed a complaint and proposed order in California federal district court seeking final judgment against the owner of a student loan debt relief company for allegedly withdrawing more than $240,000 from the bank accounts of student borrowers without authorization.

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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. What Is a Judgment on Property?

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Judgment Garnishment Creditors Law Firms 98

Troutman Sanders

APRIL 2, 2021

The Sixth Circuit recently confirmed student loan servicers, who begin servicing debts after default and resale, are not liable to borrowers under the Fair Debt Collection Practices Act (FDCPA) because the servicers are not acting as “debt collectors.”. the Sixth Circuit affirmed summary judgment for student loan servicer Nelnet, Inc.

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Collection Industry News

NOVEMBER 16, 2021

by facilitating payments related to an unlawful student loan debt relief scheme. million judgment that will remain suspended as long as the payment processor pays $500,000. Under the stipulated order, the payment processor is enjoined from providing payment processing services for any debt relief company.

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ABI

JANUARY 12, 2022

In general, student loan debt is not dischargeable in a case under title 11 of the United States Code (the “Bankruptcy Code”) unless there is a showing of undue hardship. A court will typically consider a debtor’s potential for future employment in determining whether student loan debt may be discharged. at *12­–13.

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Nerd Wallet

OCTOBER 8, 2020

You might need to request a professional judgment from your school if your current finances are not accurately reflected on your financial aid application. When you submit the Free Application for Federal Student Aid, or FAFSA, your prior-prior year tax information is pulled into the application. Email: anna@nerdwallet.com.

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Judgment Student loans Student Loans Loans 53

Credit Corp

MAY 17, 2021

Federal Student Loan Debt: No. Your stimulus payment won’t be used to offset student loan debt if it’s a federal loan. This is not necessarily true for private student loans, though. That includes tax debt. It also won’t be taken to offset state debts , including tax debt.

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Credit Card Debt Garnishment Student loans Student Loans 105

TCPA

DECEMBER 11, 2020

The Eleventh Circuit recently affirmed the entry of summary judgment in favor of a student loan servicer and its affiliate, finding that their nearly 2,000 calls did not violate the TCPA because the plaintiff had renewed his consent by submitting … Continue reading →

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Student loans Student Loans Judgment Loans 52

PBWT

JULY 1, 2021

Judge Harner explained that “[a]lthough the Bankruptcy Code[] reflects Congressional intent to provide debtors with as broad of a discharge as possible, Congress has expressly excepted [student loan] debt from the bankruptcy discharge.” § 523(a)(8) should be read to permit a partial discharge of student debt.

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Troutman Sanders

OCTOBER 16, 2023

In its amicus brief, NASAA pushed back on Coinbase’s motion for judgment on the pleadings, which sought to dismiss the SEC’s case with a ruling that Coinbase has not listed investment contracts based on the existing facts. The rules also include servicers of these products subject to the act and licensure. For more information, click here.

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Financial services Student loans Student Loans Credit Unions 52

Debt Free Colorado

APRIL 9, 2020

If you own a home the consequences of a judgment against you are more significant as judgment creditors can place liens against your home. Student Loans. You should call your student loan servicers about forbearance, which will temporarily stop or reduce your payments.

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Student loans Student Loans Chapter 13 bankruptcy Chapter 7 bankruptcy 82

Direct Recovery

APRIL 16, 2023

Legal notices soon follow, along with a court judgment taking a big chunk of your paycheck. Wage garnishments are put into place to recover unpaid taxes, outstanding child support, student loans, court judgments, or unpaid bills. This can be done legally by obtaining a court order.

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Collection Industry News

MARCH 14, 2022

In its ongoing lawsuit against the National Collegiate Student Loan Trust (NCSLT), the Consumer Financial Protection Bureau (CFPB) has asked a federal court to deny the NCSLTs petition to appeal an earlier decision that would allow them to be considered “covered persons”. Source- site.

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Student loans Student Loans Loans Judgment 40

Account Recovery

NOVEMBER 23, 2022

GOVERNMENT EXTENDS PAUSE ON STUDENT LOAN PAYMENTS UNTIL LEGAL CHALLENGES ARE RESOLVED The Biden Administration yesterday announced it was extending the moratorium on student loan payments until 60 days after litigation surrounding the plan to forgive up to $20,000 in unpaid student loans is resolved.

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Student loans Student Loans Judgment Loans 246

Public Citizen

JULY 6, 2020

the Court held that a 2015 amendment to the Telephone Consumer Protection Act, which allowed cellphone robocalls to collect federal debts (such as student loans and mortgages), gave unconstitutionally favorable treatment to federal debt collection over other types of speech. filed an opinion concurring in the judgment.

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Collections Student loans Student Loans Government 70

Collection Industry News

FEBRUARY 1, 2022

Many times, the collection fees accessed on overdue accounts significantly increase the amount of money owed by students by as much as 30%, and Miyares’ office says he “knows that’s wrong.”. “As This is lower than the nearly 18% fee charged by the federal government for defaulted student loans.

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Student loans Student Loans Collections Loans 40

Account Recovery

NOVEMBER 11, 2022

A District Court judge in Texas yesterday granted summary judgment in favor of plaintiffs who sued the federal government seeking to block a program that would cancel up to $20,000 of student loan debt for individuals making less than $125,000 annually, ruling that the Biden Administration overstepped its authority when it created the program without (..)

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Student loans Student Loans Loans Judgment 238

Collection Industry News

MAY 3, 2022

If entered by the court, the judgment would ban Performance SLC permanently from debt relief services and ban Crenshaw from debt relief services for five years. It would also ban Performance Settlement from certain loan-settlement and lead-generation activities. Source: site. million in illegal upfront fees.

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Collection Industry News

MAY 16, 2022

On April 29, the CFPB filed a proposed order in federal court seeking final judgment against three California-based defendants for engaging in unlawful fee-charging practices and deceptive telemarketing. The CFPB alleges that defendants wrongfully charged more than 9,000 consumers with federal student-loan debt a total of approximately $10.5

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Public Citizen

OCTOBER 24, 2020

  In addition, the Symposium welcomes discussion over the recent decision by the Uniform Law Commission to address debt collection efforts by third-party debt collectors or buyers based on default judgments. 

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Sawin & Shea

MAY 5, 2021

All other unsecured debts, like credit card debt, medical debt, and student loans, will be part of your payment plan. Keep in mind the fact that although student loans may be put on hold during the process, you probably will still have to pay them at some point. These are categorized as priority unsecured debts. #7.

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Credit Corp

MAY 19, 2021

If you owe money and don’t pay it, a creditor typically has to get a judgment to be able to force the collection. Judgments must be filed in the state where you reside. However, if a judgment is already filed, it can diminish your ability to move until you resolve the debt. Probably not. According to S.

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Collection Industry News

JUNE 1, 2023

The growing complexity of financial products, such as credit cards, mortgages, and student loans, has led to a surge in outstanding debts. Claims that are being forwarded are more collectible or they are ending up as a judgment. Columbia Law List has already seen a sharp increase in activity to its law firm members.

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Troutman Sanders

AUGUST 9, 2022

In the three consolidated cases on appeal, the plaintiffs defaulted on their student loan payments and each lender closed their accounts and transferred their loans. The district court, applying a reasonable creditor standard, granted the CRA’s motions for judgment on the pleadings. The plaintiffs appealed.

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Student loans Student Loans Creditors Lender 52

Sawin & Shea

JULY 28, 2021

Civil court judgments (not counting anything that was based on fraud). Student loans. To discharge a loan taken for an educational purpose, you’ll need to file a certain kind of lawsuit known as an adversary proceeding or adversary suit. Rent that is past due: This doesn’t mean that you can’t be evicted.

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Bankruptcy Credit Card Debt Chapter 13 bankruptcy Chapter 7 bankruptcy 105

Credit Corp

DECEMBER 14, 2020

Whether you have medical debt, credit card debt or unpaid student loans , getting calls or letters from debt collection companies can be frustrating. This is because they know that most borrowers who are sued for old debts won’t show up in court, and the judge will issue a default judgment.

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Sawin & Shea

AUGUST 30, 2023

Most federal student loans. Civil court judgments (not counting anything that was based on fraud). Personal loans. Payday” type loans. We are committed to providing compassionate and non-judgmental representation to all of our clients. Court fines. Which Debts Can be Discharged in Bankruptcy? Medical bills.

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Bankruptcy Chapter 13 bankruptcy Chapter 7 bankruptcy Unsecured Debt 52

Collection Industry News

APRIL 25, 2023

Some debts, though, such as federal student loans don’t have a statute of limitations. A lawsuit filed after the statute of limitations expires is a violation of the Fair Debt Collection Practices Act, but a court may still award a judgment against you if you don’t show up and raise the statute of limitations as a defense.

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Debt collector Collections Fair Debt Collection Student loans 40

Burr Forman

MAY 20, 2021

Specifically, the notable changes the CDCIA seeks to enforce include, in part: Amending the Truth in Lending Act (“TILA”) to prohibit the use of cognovits or confessions of judgment for small business owners as an unfair credit practice; Amending the Fair Debt Collection Practices Act (“FDCPA”) to regulate communications with servicemembers and prohibit (..)

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Collections Debt collector Student loans Student Loans 52

Troutman Sanders

AUGUST 9, 2021

On August 5, the Department of Education announced that it is extending the moratorium on federal student loan payments through January 31, 2022. Income-share agreements are a type of student loan, where the borrower receives a loan and then pays a percentage of his/her income after graduation.

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Financial services Student loans Student Loans Foreclosure 52

Debt RR

AUGUST 3, 2020

Common reasons for bank account garnishment in Texas include: Private creditors: These are banks, credit unions, credit card companies, peer-to-peer lenders, hard money loan providers, and other financial institutions. Judgment in favor of a state agency or private creditor can result in a frozen bank account , as well. Student loans.

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