summary judgment abuse of process Fair Debt Collections Practices Act Ohio Consumer Sales Practices Act when claim accrued where claim accrued statute of limitations borrowing statute interest in excess of statutory rate
Finding a collection letter sent by the Georgia-based law firm of Trauner, Cohen & Thomas, LLP (TC&T) to the plaintiff, Andrew Greco, was not unlawfully misleading or deceiving, the U.S. District Court for the Western District of New York granted summary judgment to TC&T and dismissed the case. Specifically, Judge Charles J. Siragusa in Andrew Greco v. Trauner, Cohen & Thomas, LLP, reviewed the letter and determined it did not violate any laws of the Fair Debt Collections Practices Act (FDCPA).
A property management company which collected unpaid assessments on behalf of a homeowners association was not subject to the requirements of the Fair Debt Collections Practices Act, the 11th Circuit has ruled in affirming judgment. The plaintiffs are homeowners in a Georgia townhouse community. The defendant is a property management company that contracted with the plaintiffs' homeowners association to provide various services, including the collection of the homeowners' monthly assessments.
Summary judgment; mortgage foreclosure: The trial court properly granted summary judgment in favor of mortgage assignee on its foreclosure complaint. Property owners did not dispute that the promissory note was in default. Their speculative claims that the mortgage assignee had been made whole as a result of the default through the United States government's Troubled Asset Relief Program and other government funds were insufficient to defeat summary judgment. Motion to dismiss; Civ.R. 12(B)(6): The trial court improperly dismissed property owners' counterclaims alleging a violation of the Fair Debt Collections Practices Act and to quiet title where the court relied exclusively on a previous order issued in the case. The court was required to convert the motion into one for summary ...
A collections harassment lawsuit filed by the son of a debt- collection attorney has been dismissed after a Missouri appeals court found the condominium-management company he was suing was not a debt collector. The Missouri Court of Appeals Eastern District affirmed the dismissal of Vincent V. Vogler's lawsuit alleging a violation of the Fair Debt Collections Practices Act against Grier Group Management Co., finding it was not a debt collector as defined by the act.
A debt collection letter did not violate federal law by including language that purportedly contradicted and overshadowed statutorily required notices, the 5th Circuit has ruled in affirming judgment. Section 1692g(a) of the Fair Debt Collections Practices Act generally requires that a debt collection letter include certain information, including the amount of the debt and the name of the creditor. In addition, the statute requires notice that the debtor has 30 days to dispute the debt.
Usually (collectors) will say they'll proceed with court action and it's not true," says former collection agent John Bowe. "They'll say things like Tour wages will be garnished' even if it's not true, because collections will walk right over a person who's ignorant of the law. Knowing the Fair Debt Collections Practices Act is the debtor's best tool against collection agents. When you send your 'Cease & Desist' letter, make absolutely sure that you send it 'Certified Mail, Return Receipt Requested.' I can't stress enough the importance of taking this step. "You definitely want to send the letter certified mail," cautions Bowe. "If it's not sent certified, they'll probably say it got lost in the mail and contact you again."
As this issue of Collector is being finalized, Congress has passed the Financial Services Regulatory Relief Act of 2006, and it awaits President Bush's signature. Included in this legislation are three amendments to the Fair Debt Collections Practices Act (FDCPA) that were initiated and supported by ACA International. This is a huge victory for ACA International. It is the culmination of years of planning and hard work by many people involved in our association. Together with member involvement, [Rozanne Andersen], [Jenifer Loon] and [Gary Rippentrop]'s efforts have enabled us to expand our sphere of influence and become more visible in Washington. ACA International is now the recognized source of information about the credit and collection industry and is well respected as the voice of...
A debt collector violated federal law when it continued to contact a debtor after he said he would discard or return unopened any further correspondence, a U.S. District Court in Florida has ruled in granting summary judgment. Section [section]1692c(c) of the Fair Debt Collections Practices Act prohibits a debt collector from contacting a consumer after being notified in writing that the consumer wishes the debt collector to stop communicating with him.
Here are some questions to ask in order to find the best, reputable collection agency to meet your needs: 1. How long has the agency been in business? 2. Is the company bonded? 3. Is the company licensed? When did the company first obtain its license? 4. If the agency collects on your account, what is the holding period before forwarding your funds? 5. Does the collection agency abide by the Fair Debt Collections Practices Act? 6. Will the agency keep you informed of progress and seek your input? 7. What are the agency's rates? 8. What is the geographical area covered by the agency? 9. What is the agency's success rate?
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