News & Analysis as of

Debt Collection Default Judgment

Burr & Forman

Third Circuit Finds Vacatur of Default Judgment Does Not Make Collection Activity Retroactively Unlawful

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On January 11, 2023, the Third Circuit held that attempting to collect on a default judgment did not constitute using "'false, deceptive, or misleading' representations in connection with collecting the judgment" if the...more

Cozen O'Connor

Debt Collection Agency Hit With $1.3 Million Default Judgment Over Unlicensed Collections Activity

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Indiana AG Todd Rokita obtained a default judgment and a permanent injunction against debt collection agency New Britain Financial, LLC (“NBF”) and its owner Nelson Macwan for allegedly acting as a collector without a license...more

Fox Rothschild LLP

Assign Of Things To Come?

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In Pounds, et al. v. Portfolio Recovery Associates, LLC, the North Carolina Court of Appeals recently issued an opinion that may have a significant impact on collections law and arbitrability. Defendant is an entity that...more

Jackson Walker

Supreme Court of Texas Emergency Order Regarding Actions to Collect Consumer Debt

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On April 9, 2020, the Supreme Court of Texas issued Emergency Order No. 20-9054 related to proceedings to collect “consumer debt,” as defined under the Texas Finance Code. With the exception of the Order’s provision regarding...more

Manatt, Phelps & Phillips, LLP

Supreme Court Alert: FDCPA Limitations Period Runs From Violation, Not Discovery

In a victory for common sense, the Supreme Court has ruled, in Rotkiske v. Klemm, that the Fair Debt Collection Practices Act’s statute of limitations begins to run when the alleged FDCPA violation occurs, not when the...more

Ballard Spahr LLP

SCOTUS rules discovery rule does not apply to FDCPA claims

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In an 8-1 decision, the U.S. Supreme Court has ruled in Rotkiske v. Klemm that the FDCPA’s one-year statute of limitations (SOL) runs from the date of the alleged violation and not from a consumer’s discovery of the...more

Carlton Fields

Financial Services & Title Insurance Update: Week Ending October 11, 2019

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Financial Services Update - Title Insurance Coverage: where an accurate survey would have shown that seller had abandoned access and parking easement, which had been built upon by a neighbor, title insurer had no duty to...more

Smith Debnam Narron Drake Saintsing & Myers,...

SCOTUS Set to Decide whether FDCPA’s Statute of Limitations is Tolled by “Discovery Rule”

The FDCPA requires that any lawsuit must be brought, if at all, “within one year from the date on which the violation” of the act occurs. 15 U.S.C. § 1692k(d). The US Supreme Court will hear argument this month in Rotkiske v....more

Carlton Fields

Post-Judgment Collection Efforts of Reinsurer Continue in California Federal Court

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We have previously reported on Odyssey Reinsurance’s Continuing efforts to collect a $3.2 million default judgment against Richard And Diane Nagby in our blog on numerous occasions. ...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Own Up To Your Mistakes

Years ago, I had to hire an out of town collection law firm to collect a debt from a client. The client didn’t respond to my lawsuit and I was awarded a default judgment against them. The problem with hiring this firm is...more

Ballard Spahr LLP

Nice Try – Court Rebuffs Debt Collector's Attempt to Purchase Lawsuit Against Itself

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A debt collector cannot avoid claims under the Fair Debt Collection Practices Act (FDCPA) by purchasing the debtor's lawsuit, according to a recent opinion from the U.S. Court of Appeals for the Ninth Circuit. ...more

Ballard Spahr LLP

Application of FDCPA to Social Security benefits at issue in CFPB Second Circuit amicus brief

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The CFPB has filed an amicus brief in support of the plaintiff in Arias v. Gutman, Mintz, Baker & Sonnenfeldt, PC and 1700 Development Co., a FDCPA case on appeal to the U. S. Court of Appeals for the Second Circuit. In its...more

Goodwin

Michigan Attorney General Announces Default Judgment Against Automobile Title Loan Company Over Alleged Usurious Loans

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On June 8, 2016, the Michigan Attorney General announced that a Michigan court entered a default judgment and permanent injunction against an automobile title loan company over alleged usurious loans that violated the...more

Ballard Spahr LLP

Beating a dead horse: CFPB announces default judgment against Corinthian

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The CFPB announced that it has obtained a final default judgment against Corinthian Colleges, Inc. from the Illinois federal court in which it sued Corinthian in September 2014. In May 2015, Corinthian filed a petition under...more

Stinson LLP

CFPB Continues to Take Action Against Offenders in Debt Collection Services

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CFPB Takes Action Against Servicemember Auto Lender Security National Automotive Acceptance Company - On October 28, 2015, the Consumer Financial Protection Bureau (CFPB) filed an administrative order against Security...more

Carlton Fields

Second Circuit Affirms Certification of Consumer Debt Collection Class, Distinguishing Comcast v. Behrend

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These cases, on a consolidated appeal, involved three defendants: a company that purchased consumer debts, a debt collection law firm, and a process server. Plaintiffs had each been sued in various debt collection actions by...more

Ballard Spahr LLP

N.Y. Announces New Rules To Govern Default Judgments in Consumer Collection Lawsuits

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The New York Court System has adopted new rules effective October 1, 2014, to obtain a default judgment in a consumer collection action, Chief Judge Jonathan Lippman announced recently. Debt collectors and debt buyers should...more

Goodwin

New York State Court Proposes Debt Collection Rules

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Courts in New York proposed amendments to court rules aimed at “reform[ing]” consumer credit collection cases in order to “prevent unwarranted default judgments and ensure a fair legal process.” The amendments would require...more

Carlton Fields

Unsettled Questions Remain Under The SCRA

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The Servicemembers Civil Relief Act (SCRA) protects active duty members of the military in civil actions, including foreclosures and collections. Section 533 of the Act applies to persons entering the military after incurring...more

Ballard Spahr LLP

New York DFS Seeks Stronger Court Rules for Default Judgments in Collection Actions

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A proposal by the New York Department of Financial Services (DFS) would substantially drive up the costs of bringing consumer debt collection actions in the state. The DFS is seeking stronger court rules for obtaining default...more

Ballard Spahr LLP

Report by consumer group attacks debt collection industry

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It’s not necessary to read more than the cover page to know that the debt collection industry does not fare well in the report issued this week by the New Economy Project (NEP). The cover page reads: “The Debt Collection...more

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