Garnishment Practices: Has the Dust Settled or Is It Still Flying? — The Consumer Finance Podcast
Takeaways for Banks from the CFPB’s Recent Consent Order on Garnishment Orders
The Texas Tax Code has an oft-overlooked provision that imposes harsh penalties against financial institutions that fail to strictly comply with a notice of freeze or levy issued by the Office of the Texas Comptroller against...more
In the fast-paced world of legal operations, managing high volumes of Subpoenas, Law Enforcement Responses, Garnishments, Levies, Liens, and DSAR’s can be a daunting challenge. These requests can present complex issues of...more
The April Monthly Minute looks at a recent court decision highlighting ERISA’s preemptive power in response to a 401(k) garnishment claim and explores the DOL’s latest steps towards creating an online search tool intended to...more
On April 15, the Minnesota House of Representatives passed the Commerce Policy Omnibus bill, which includes key provisions of the Minnesota Debt Fairness Act. Minnesota AG Keith Ellison supports this bill and celebrated its...more
Recently, the Governor of Oregon enacted bill SB 1595 (the “Act”) that amended Oregon’s statutes to provide greater consumer protection rights for Oregonians working to pay back their debts. The Act was mostly comprised of...more
We previously wrote about the surprising power of the Connecticut Prejudgment Remedy (PJR) statute, which allows litigants to seek an order to attach or garnish property from another party in cases where there is probable...more
Please join Troutman Pepper Partner Chris Willis, along with colleagues Lori Sommerfield and Mary Zinsner, as they discuss the impact of a consent order issued by the Consumer Financial Protection Bureau (CFPB) in May 2022...more
Oral Contract claims- Scott v. First Choice Auto Clinic, Inc., 10th Dist. Franklin No. 2023-Ohio-3855. In this appeal, the Tenth Appellate District affirmed in part and reversed in part the trial court’s decision to...more
Earned wage access (EWA) is a term often heard among employers in the retail and hospitality industries. EWA may be referred to as instant pay, earned income, early wage access, accrued wage access, or on-demand pay. In the...more
In Scaglione v. Acceptance Indemnity Insurance Co., the Eighth Circuit Court of Appeals affirmed a district court order holding that an assault and battery exclusion in a commercial general liability policy barred coverage...more
On March 7, Fishman Group PC President Marc Fishman pled no contest on behalf of the firm to stealing client assets by filing false proofs of service in collections cases. Previously, Michigan Attorney General Dana Nessel...more
I. Overview of Changes - On May 4, 2022, the Consumer Financial Protection Bureau (the “Bureau”) issued a Consent Order implicating how certain banking institutions must respond to Garnishment The Consent Order places...more
In a recently released investigation, the U.S. Air Force Inspector General's Office found that a retired general officer did not receive approval through the Foreign Government Employment (FGE) program before accepting...more
When a consumer fails to pay a debt, the creditor may engage in proceedings to collect, which may result in a court issuing a garnishment notice directing a bank to freeze and turn over funds in the consumer's deposit account...more
What happens if a defendant does not pay a judgment in Texas? How do you collect the money you are owed? When the court grants you a judgment for monetary damages in a lawsuit, you become a “judgment creditor.”...more
In a recent consent order with a national bank, the CFPB found that the bank committed UDAAP violations in its process for handling garnishment orders and by including certain waiver language in its deposit account...more
The CFPB recently ordered a bank to cancel garnishment fees, review its system for processing garnishment orders, cease using contracts which limit consumer rights, and pay a $10 million penalty to the CFPB’s Civil Penalty...more
Alvaro Bedoya Sworn in as FTC Commissioner Following Senate Confirmation. On May 16, Alvaro Bedoya was sworn in as FTC Commissioner. The U.S. Senate confirmed Bedoya to the FTC’s open Commissioner on May 11. ...more
The CFPB and Bank of America have reached a settlement to resolve allegations that Bank of America—the nation’s second largest retail bank—illegally processed out-of-state garnishment orders and misled consumers regarding...more
Highlights: One of the nation's largest banks agreed to entry of a consent order to settle CFPB allegations that the bank unlawfully froze customer accounts, charged them garnishment fees, and turned over funds to creditors...more
Beiträge in Direktversicherungen können im Regelfall nicht gepfändet werden. Aber auch in anderen Durchführungswegen unterliegen Einzahlungen im Wege der Entgeltumwandlung nicht der Pfändung....more
Garnishment is a tool used by judgment creditors to collect on a judgment owed by the debtor-defendant. Property subject to garnishment includes monetary obligations owed by a third party to the debtor-defendant. In a recent...more
In a recent decision by the Sixth Circuit’s bankruptcy appellate panel, the court affirmed contempt sanctions against a creditor’s lawyer for violating the discharge injunction in connection with a garnishment. See In re...more
WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Provisional remedies are critical tools for preserving the parties' status quo until the court has had an opportunity to decide the case and issue a final judgment. ...more
In Washington: The Centers for Disease Control and Prevention (CDC) released their new guidance for opening schools. The new social distancing guidelines say that students attending in-person instruction only need to stay...more