Account Recovery

JANUARY 8, 2024

A District Court judge in New York has denied a defendant’s motion to stay discovery pending the outcome of its motion to dismiss a Fair Debt Collection Practices Act case after it was sued for allegedly garnishing the wages of the wrong individual.

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Garnishment Fair Debt Collection Collections 130

Account Recovery

MARCH 11, 2024

A District Court judge in Missouri has granted a plaintiff’s motion for summary judgment that the defendant violated the Fair Debt Collection Practices Act by “significantly overstating” how much the plaintiff owed when garnishing her wages in attempting to collect on a judgment in had obtained, but did grant the defendant’s (..)

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Garnishment Judgment Fair Debt Collection Collections 130

Account Recovery

AUGUST 18, 2022

A state court judge in Arizona yesterday rejected an industry-led challenge to a voter initiative that is scheduled to be on the ballot this November that would raise the limits on what can be shielded from wage garnishments while also lowering the judgment interest rate, leading the group to quickly file an appeal with the … The post Judge Rules (..)

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Garnishment Judgment Healthcare 246

Account Recovery

MARCH 31, 2022

The Court of Appeals for the Ninth Circuit has upheld the dismissal of a Fair Debt Collection Practices Act case in which a defendant was accused of violating the statute by garnishing the plaintiff’s wages to enforce a nonfinal judgment, ruling that alleging a violation of Washington’s state garnishment law is not a de facto … The (..)

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Garnishment Fair Debt Collection Judgment Collections 246

Account Recovery

MAY 11, 2022

The New York Senate yesterday voted to approve a bill that would protect individuals from having liens placed on their primary residences and having their wages garnished to repay medical debts. Legislature Passes Anti-Garnishment, Anti-Lien Bill For Certain Medical Debts appeared first on AccountsRecovery.net.

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Garnishment Healthcare Collections 246

Account Recovery

AUGUST 25, 2022

Supreme Court Rejects Industry Arguments Attempting to Keep Garnishment Question off Ballot appeared first on AccountsRecovery.net.

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Garnishment Judgment Healthcare 246

Account Recovery

JANUARY 10, 2023

The Court of Appeals for the Seventh Circuit has overturned a bankruptcy court’s decision and remanded a case with instructions to resolve claims from the bankruptcy trustee on the merits after a collection agency garnished an individual’s wages and seized $3,700 within the 90 days before the individual filed for bankruptcy protection.

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Garnishment Bankruptcy Collection Agencies Collections Agency 246

Account Recovery

NOVEMBER 2, 2022

million fine against a utility company that was accused of attempting to garnish the wages of customers during the COVID-19 pandemic without first informing them of the availability of payment plans, which was required under state law. State regulators in Connecticut have assessed a $4.5 By Conn.

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Account Recovery

NOVEMBER 2, 2022

million fine against a utility company that was accused of attempting to garnish the wages of customers during the COVID-19 pandemic without first informing them of the availability of payment plans, which was required under state … The post Daily Digest – November 2.

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Account Recovery

NOVEMBER 9, 2023

A new law that went into effect last week in Minnesota requires hospitals to check whether patients are eligible for charity care before sending an account to a third-party collection agency, while also placing new requirements when seeking to collect on a medical debt by garnishing wages or bank accounts of individuals.

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Account Recovery

MAY 1, 2023

A bill is progressing through the Oregon legislature that would protect and exempt more of an individual’s wages and assets from seizure in the event of judgments and garnishments, while also amending the state’s debt collection law. A copy of the bill, House Bill 2008, can be accessed by clicking here.

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Account Recovery

NOVEMBER 28, 2022

Last Wednesday, New York Governor Kathy Hochul signed a bill into law — which went into effect immediately — that prohibits healthcare providers from placing lines on the primary residences of individuals with unpaid medical debts or garnishing wages to collect on unpaid bills. The post N.Y.

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Garnishment Healthcare Collections 130

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

Nexa Collect

JUNE 21, 2023

This can lead to wage garnishment, bank levies, or liens against your property. Wage Garnishment and Asset Seizure : If a judgment is entered against you, the creditor may be able to garnish your wages, levy your bank accounts, or place liens on your property, depending on the laws in your jurisdiction.

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Collection Agencies Collections Agency Credit Counselor Garnishment 100

Sawin & Shea

NOVEMBER 15, 2022

Additionally, your employer may find out about your bankruptcy if creditors garnished your wages before you filed. Creditors can garnish your wages if you fail to make payments. Once this happens, the creditor can notify your payroll department that part of your wages will go toward paying off your debts.

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Chapter 13 bankruptcy Bankruptcy Garnishment Chapter 7 bankruptcy 105

Account Recovery

SEPTEMBER 14, 2020

A District Court judge in Connecticut has granted a motion to dismiss filed by a collection agency, a student loan servicer, and the plaintiff’s employer for allegedly violating the Fair Debt Collection Practices Act by attempting to garnish the plaintiff’s wages, because the statute of limitations on filing a claim had passed when the (..)

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Student loans Student Loans Loans Fair Debt Collection 147

Sawin & Shea

NOVEMBER 30, 2022

Once this happens, you may face serious ramifications, including wage garnishment and the offset of your federal tax refund and Social Security benefits. You cannot consolidate your loans if your wages are already being garnished, and if it appears your wages will be garnished within the next month, consolidation is likely not for you.

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Student loans Student Loans Loans Garnishment 112

Account Recovery

SEPTEMBER 14, 2020

Judge Grants MTD in Student Loan Collection Case; Unlicensed Debt Collector Arrested in N.C. appeared first on AccountsRecovery.net.

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Student loans Student Loans Debt collector Loans 147

Nexa Collect

JUNE 27, 2023

Wage Garnishment : In some cases, especially with federal student loans in the United States, the lender or collection agency can get an administrative garnishment order which allows them to take a certain percentage of the borrower’s wages directly from their employer.

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Student loans Student Loans Loans Garnishment 100

Troutman Sanders

APRIL 27, 2023

Some states prohibit wage garnishment for consumer debts, while others only protect the federally required minimum from garnishment. The CFPB found that states that protect more wages from garnishment have fewer civil judgments. There are also differences across states in the cost of filing suit.

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Troutman Sanders

FEBRUARY 7, 2023

the defendant debt collector had obtained a garnishment order from an Indiana state court more than 90 days before the debtor filed for bankruptcy—that is, outside of the preference lookback period. However, the actual garnishment of the debtor’s wages (approximately $3,700) occurred within 90 days before the petition.

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Bankruptcy Garnishment Debtor Debt collector 52

Nexa Collect

MARCH 12, 2021

If they stop making payments as part of long-term payment arrangements and then the creditor pursues a wage garnishment, then it’s still possible the wages may not even be high enough to garnish.

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Collection Agencies Collections Agency Collections Garnishment 130

American Profit Recovery

MARCH 15, 2024

Some businesses pursue additional legal action to try and enforce the judgment which can include garnishing wages or seizing assets. The court may not have the authority to compel that customer to make a payment which then leaves your business responsible for pursuing that payment.

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Judgment Collection Agencies Collections Agency Garnishment 213

Troutman Sanders

DECEMBER 8, 2022

The Act has been touted as a way to protect Arizonans with medical debt from bankruptcy and set new exemption limits on property subject to debt collection and decreased the portion of a judgment debtor’s income that is subject to garnishment. The plaintiffs, led by the Arizona Creditors Bar Association Inc.,

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Collection Industry News

MARCH 17, 2024

In New York, retirement income from Social Security and other sources are exempt from garnishment. Expect a bill to be introduced prohibiting debt collectors from accepting voluntary payments from a consumer whose only source of income is income itemized in the funds exempted from garnishment.

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Garnishment Collections Debt collector Student loans 40

Sawin & Shea

NOVEMBER 23, 2022

Judgment creditors can actually take money right out of your bank account, garnish wages from your paycheck, and put a lien on your real estate in order to collect what you owe. Creditors can, and most likely will, take you to court if you owe a debt such as a credit card or medical bills and cannot pay.

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Bankruptcy Garnishment Foreclosure Judgment 98

Nexa Collect

JANUARY 19, 2022

Repercussions can include wage garnishment, frozen bank account and other assets. If the debtor is not traceable or unresponsive, a collection agency can file a lawsuit and if you do not respond in the court on time, it can result in a default judgment against you. Not every case lands in court.

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Collections Debt collector Collection Agencies Collections Agency 130

Sawin & Shea

AUGUST 18, 2021

There are two circumstances in which your employer could find out about your Chapter 7 bankruptcy: In a Chapter 7 bankruptcy, your employer would know only if you were already having your wages garnished by creditors (called wage attachment). Again, this does not mean that you will lose your job.

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Bankruptcy Chapter 7 bankruptcy Chapter 13 bankruptcy Garnishment 105

Roths Child Law

MARCH 15, 2023

Not only will there be more competition for any nearby open positions, but businesses that are hiring may offer lower wages because they know people are desperate. They can temporarily delay foreclosure and repossession with an automatic stay and prevent creditor lawsuits from leading to a judgment that might result in wage garnishment later.

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Bankruptcy Repossession Foreclosure Unsecured Debt 96

Credit Corp

MAY 30, 2023

That means judgment creditors can seek debt payment from more than your wages and bank accounts. Your creditor can take or leverage these possessions in the following ways: Wage attachments. This is known as wage garnishment. The Consumer Credit Protection Act caps these types of garnishments. Nonwage garnishment.

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Judgment Garnishment Creditors Law Firms 98

FFGN COLLECT NY

JANUARY 10, 2024

In New York, retirement income from Social Security and other sources are exempt from garnishment. Expect a bill to be introduced prohibiting debt collectors from accepting voluntary payments from a consumer whose only source of income is income itemized in the funds exempted from garnishment.

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Collections Law

OCTOBER 5, 2020

You may have heard the words “attachments” and “garnishments” thrown around. Cohen LLC knows when to effectively use attachments and when wage garnishments are appropriate and likely effective. The How’s and Why’s of Garnishments. How We Make Attachments and Garnishments Work For You.

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Debt Recovery Garnishment Judgment Collections 52

Credit Corp

JUNE 3, 2020

Common methods include wage garnishment , property attachments and property liens. That means judgment creditors can seek debt payment from more than your wages and bank accounts. Your creditor can take or leverage these possessions in the following ways: Wage attachments. This is known as wage garnishment.

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Judgment Garnishment Creditors Law Firms 98

Taurus Collect

FEBRUARY 27, 2023

At this point, you may be subject to legal action, including wage garnishment or seizure of property. This judgment could lead to wage garnishment, liens on your property or require bank account attachment. This could include garnishing your wages or putting a lien on your property; both are serious threats.

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Collections Collection Agencies Collections Agency Garnishment 52

Nexa Collect

APRIL 27, 2021

Although creditors and collection agencies can pursue legal means of debt collection like garnish wages, place a lien on the property, or freeze bank accounts of the debtor; but not more than 20% of debts qualify for legal action, either the low balance or the complexity of the case.

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Direct Recovery

SEPTEMBER 16, 2022

However, if they are willing to show up in court with documentation, they may be able to obtain a judgment that entitles them to a percentage of the debtor’s wages. Garnish Your Wages (If They Obtain a Judgment).

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Debt collector Collection Agent Garnishment Judgment 52

Roths Child Law

DECEMBER 29, 2023

You may also find yourself facing garnishment of your wages over certain debts, in which case your employer will definitely be involved. Realistically, your employer is more likely to find out about your debt problems if you don’t file for bankruptcy. Ultimately, the Bankruptcy Code itself protects you from being fired.

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