On May 6, 2020, Judge Richard G. Stearns of the U.S. District Court for the District of Massachusetts granted a temporary restraining order (“TRO”) and preliminary injunction sought by ACA International (“ACA”) against...more
5/11/2020
/ Constitutional Challenges ,
Coronavirus/COVID-19 ,
Debt Collection ,
Debt Collectors ,
Enforcement Actions ,
Free Speech ,
Moratorium ,
Separation of Powers ,
State Attorneys General ,
TRO ,
UDAP ,
Unfair or Deceptive Trade Practices
In an opinion issued recently, Florida’s Fifth District Court of Appeal joined other Florida appellate courts in holding that the five-year statute of limitations to bring an action to enforce a promissory note and/or...more
In an order issued yesterday, Judge Dalton of the Middle District of Florida held that in a non-bankruptcy context, allegations that collection of a mortgage debt is barred by the statute of limitations do not form a...more
1/11/2017
/ Consumer Bankruptcy ,
Debt Collection ,
Declaratory Judgment Act ,
FCCPA ,
FDCPA ,
Florida ,
Foreclosure ,
Mortgages ,
Residential Real Estate Market ,
Statute of Limitations ,
Time-Barred Debt
A recent opinion issued by the Sixth Judicial Circuit in and for Pasco County, Florida, sitting in its appellate capacity, provides further insight regarding what constitutes a violation of section 559.72(18) of the Florida...more