What Is a UCC Filing?

Nerd Wallet

A Uniform Commercial Code filing, also known as a UCC filing, is a document that lenders use to establish their legal right to assets that a borrower uses to secure a loan.

What New Debt Collector Rules Mean for You

Nerd Wallet

adults with debt in collections, knowing their legal rights is crucial. Working with third-party debt collectors can be confusing and scary. For the more than 68 million U.S.

Common causes of bankruptcy that may surprise you

Roths Child Law

Gaining a better understanding of your legal rights when struggling with debt will help you to get back on your feet Bankruptcy is often thought of as something that only happens to people when they have been careless with money.

Dealing with Debt Collectors

Debt Free Colorado

Dray Legal Office’s attorneys will endeavor to help you obtain a fresh start by eliminating debt and reorganizing your finances. We at Dray Legal Office are well aware of the enormous stress that financial difficulties may cause. Debt Relief Attorney Serving Colorado.

The key advantages of Chapter 7 bankruptcy

Roths Child Law

Understanding this process as well as your legal rights in Tennessee is a crucial endeavor When faced with insurmountable debts, Chapter 7 bankruptcy can be the best way to regain control over your financial situation.

Karen Edler to speak at Volunteer Lawyers for Justice webinar on June 2, 2020

Price Meese

This webinar will address the basic legal rights of children under IDEA and New Jersey regulations in the midst of the COVID-19 pandemic. Karen Edler, Esq. will be speaking at the Volunteer Lawyers for Justice free webinar, Special Education Law and Advocacy During COVID-19, for parents of children with special needs on June 2, 2020 at 12:00 p.m.

Are You Waiving Your Rights by Signing a Contract?

FFGN COLLECT NY

While the underlying agreement or contract may seem straightforward, you need to do a thorough evaluation to make sure you aren’t waiving your legal rights by signing the contract. Because contract law “charges” you with what you signed whether you read it or not, we suggest reviewing the contract with an understanding of the rights you are waiving and the potential consequence forfeiting those rights can cause in the event of a legal dispute.

What are Deed Restrictions and When are They Enforceable?

Jimerson Firm

Thus, restrictive covenants contained within a deed that reserve the grantor’s right to approve plans for improving the land are valid and enforceable against the grantee, unless that right or the exercise of it is arbitrary and unreasonable.

5 tips for creating a well-written credit application

Collections Law

Include legal disclaimers and guarantees Your application should provide disclaimer language that allows you to investigate credit, as well as opting for litigation in the future, without prior notice. For many businesses, extending credit to customers is a necessary business model.

COVID Updates — The Latest News for Employers

Fraser

Despite social media “memes” and misinformation recently circulating suggesting the opposite, inquiring about a customer’s vaccination status is not a HIPAA violation or a violation of constitutional rights. This alert serves as a general summary, and does not constitute legal guidance.

What is the Difference Between the FDCPA and the FCCPA?

Jimerson Firm

1692d); falsely represent “the character, amount, or legal status of any debt” (§ 1692e(2)(A)); or use “unfair or unconscionable means to collect or attempt to collect” a consumer debt (§ 1692f). Had actual knowledge that the right did not exist.

CFPB Releases List of “Consumer Reporting Companies” and Encourages Consumers to File More FCRA Suits

Troutman Sanders

According to the CFPB’s accompanying press release , the list is intended to allow consumers to “exercise their right to see what information these firms have, dispute inaccuracies, and file lawsuits if the firms are violating the Fair Credit Reporting Act.”.

Can Stimulus Checks Be Garnished in California?

Direct Recovery

Let’s dive into the details and break down exactly what debt collectors can and cannot do right now. However, if there is no judgment in place, a commercial debt collector has no legal right to collect any portion of the stimulus check.

Need to Know About Debt Negotiation and Settlement?

Sawin & Shea

If you’re dealing with debt and considering filing for bankruptcy, it’s a good idea to get professional legal advice on how to handle the proceedings. Stay educated about what debt collectors can and can’t do and state your rights if they step over the line.

Federal Trade Commission should keep its hands off the gig economy

Collection Industry News

The FTC’s legal charter directs it to go after anticompetitive behavior — think cartel and monopoly abuses that harm consumers. Instead, it shows a preference for formal employment relationships, subject to detailed legal requirements, that add substantial hiring costs and thus mean fewer work opportunities. The FTC has no legal right to do this, unlike the DOL, National Labor Relations Board and various state and local agencies. Legal Legal News

Trade 63

Consumer Advocates Propose New Model State Consumer Protection Act

Public Citizen

  Report Details Impact on Consumers – and Democracy – of Corporate Attack on the Rule of Law, Proposes New Protections and Legal Procedures. marketplace – against which they have virtually no legal rights or remedies.   “The relentless corporate assault on the rule of law has deeply damaged Americans’ confidence in the legal system, a development with dire implications for U.S.

What Business Owners Should Know Before They Guarantee a Line of Credit

FFGN COLLECT NY

It’s important to understand your legal rights and options if you are being pursued as a guarantor of a business line of credit. The right legal advisor should understand how to advise you based on their personal experience with lenders and borrowers.

Can a Lender Pursue Debt Collection After a Charge Off and 1099-C Issuance?

Jimerson Firm

However, debts that are considered uncollectable for federal tax purposes often remain collectable under applicable federal and state collections law as the contract rights are likely not extinguished. Banking & Financial Services Industry Legal Blog

Give Your Company More Leverage If Your Customer Does Not Pay

The Kaplan Group

In the USA, typically, you will not have the legal right to recover collection costs or attorney fees unless there is a signed written agreement with this provision. All too often, commercial debt collection becomes a negotiation.

Tri-Force and Ally Financial Sued for Wrongful Repossession in Indiana

Indiana Consumer Law Group

The lawsuit alleges that agents of Tri-Force breached the peace when they attempted to repossess a vehicle from our client and then, when our client physically resisted the repossession (as was his legal right to do), engaged the police to coerce our client to relinquish possession of the vehicle and thereby accomplish the wrongful repossession. It seems that some repo agents will say or do whatever is necessary to accomplish the repossession whether it is legal or not.

District Court in the Ninth Circuit Holds That Bureau-Level Decision Is Binding, Contradicting Fourth Circuit’s Decision on Remand in PDR

Collection Industry News

A Christmas Eve decision from the Northern District of California addressed an important and recurring issue in the TCPAWorld: Whether the Hobbs Act requires a district court to accept the FCC Consumer and Government Affairs Bureau’s (the “Bureau’s”) legal interpretation of the TCPA. First, despite holding that recipients of online faxes “have different legal rights,” the district court refused to decertify the class.

How to Collect Debts Fast and Improve your Accounts Receivable

Debt Recoveries

Yes, you are allowed to charge your customer for your recovery fees, including legal fees incurred, so long as they have agreed to these charges previously. Your terms should state that you will add your fees, charges, interest and/or legal fees after a certain time period. ?However,

Sixth Circuit Examines Who is a Debt Collector for Purposes of FDCPA Section 1692(f)(6)

Consumer Financial Services Law

1692f(6) by dispossessing her of her personal property when there was no legal right to possession. The defendant attempted to contact the plaintiff to post notices on the property that the bank had foreclosed the property and advising her of certain rights available. 1692f(6) by dispossessing her of her property when there was no legal right to possession.

The DHS / CDC “September Surprise” – The Order to Temporarily Halt Residential Evictions

Fraser

Under this Order a residential landlord or other entity with a legal right to evict is prevented from evicting “any covered person from any residential property in any jurisdiction to which this Order applies.” Some media outlets were reporting that some Michigan district courts are halting eviction procedures until the legality and enforceability of the Order is worked out. . This “other person with a legal right to pursue. Introduction.

District Court’s FCRA Decision Offers Guidance for Employers on “Clear and Conspicuous” Disclosures and Willfulness

Troutman Sanders

the Ninth Circuit Court of Appeals partially reversed , holding Fred Meyer had failed to comply with FCRA’s “standalone” requirement by providing, in good faith, an extraneous explanation of the applicant’s rights in its background check disclosure.

18 Interesting Facts About Credit You Might Not Know

Credit Corp

You Have a Legal Right to an Accurate Credit Report. One of them, the Fair Credit Reporting Act , ensures your right to an accurate credit report. Many people know that they need to have a good credit score to make some pretty big purchases.

A Debtor’s Silence May Waive its Right to Enforce its Rights?under a Confirmed Plan of Reorganization

ABI

In a debtor/creditor relationship, a debtor may explicitly, or implicitly, waive their rights. In In re Parkland Properties , the Bankruptcy Court for the Northern District of Illinois held that a debtor may implicitly waive its right to enforce a reorganization plan confirmed under Chapter 11 of Title 11 of the United States Code (the “Bankruptcy Code”). [1] A party to a contract may waive its legal right to strict performance either expressly or implicitly by its conduct. [23]

Washington District Court Awards $60,000 in Emotional Distress Damages to Plaintiffs in FDCPA Case

Troutman Sanders

In Johnson v.

Think You Won Your Credit Card Dispute? Not So Fast

Credit Corp

The Truth in Lending Act is the federal law that gives consumers the legal right to dispute credit card charges if there is a billing error, which includes when property or services are not delivered to the consumer as agreed.

CFPB Reaches Settlement With Debt Collector Over Deceptive Practices

Collection Industry News

The Agency’s misrepresentation to debtors that they had a legal right to recover the debts owed forms the basis of the Bureau’s Consent Order. Last week, the CFPB issued a Consent Order against a New Jersey based debt-collection agency (Agency) over allegations that the Agency regularly violated the FDCPA and the CFPA in the course of their collection activity.

Debt Collection Strategies to Collect Debt from Stubborn Clients

Stevens Lloyd

As a creditor, it is your right to get your money back which you have given to clients. Whether it’s a new client or an old one, you have the right and obligation to collect the amount you are owed. Getting angry and using abusive language against them is not the right solution. Know About Your Rights. So, it is required for you to know your legal rights. Professional debt collectors also help to keep you out of legal trouble.

CDC Orders Nationwide Moratorium on Evictions for Renters Affected by COVID-19

Troutman Sanders

with a legal right to pursue eviction or possessory action, shall not evict any covered person from any residential property in any jurisdiction to which this Order applies[.]”

CDC Enters a “Round 2” Modified Eviction Moratorium

Fraser

The general prohibition provides that: one “ with a legal right to pursue eviction or possessory action, shall not evict any covered person from any residential property in any county or U.S. Effective August 3, 2021, the Centers for Disease Control and Prevention (“CDC”) issued a second eviction moratorium that, by its terms, is effective August 3 through October 3, 2021. The text of the order can be found here.

CFPB Acting Director Uejio And FTC Acting Chairwoman Slaughter Issue Joint Statement On Preventing Illegal Evictions

Collection Industry News

Evicting tenants in violation of the CDC, state, or local moratoria, or evicting or threatening to evict them without apprising them of their legal rights under such moratoria, may violate prohibitions against deceptive and unfair practices, including under the Fair Debt Collection Practices Act and the Federal Trade Commission Act. Keeping Consumers Informed of their Rights. Legal NewsSource: site.

Domesticating and Enforcing Your Foreign Judgments With a Massachusetts Collections Attorney

Collections Law

Though it is their legal right, they can manipulate them to delay the debt payment process. We would be happy to discuss your legal options with you, whether you are in MA or out of state.