News & Analysis as of

Garnishment Debt Collection

Troutman Pepper

Minnesota House Passes Key Provisions of Debt Fairness Act

Troutman Pepper on

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

Holland & Knight LLP

CFPB Targets Garnishment Practices: Banks Need a Robust Compliance Plan

Holland & Knight LLP on

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

Miller Nash LLP

Court Grants Garnishment of Unlawful Distributions and Transfers to LLC Members

Miller Nash LLP on

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

Jackson Walker

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

Jackson Walker on

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

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

A&O Shearman

Suspension of enforcement proceedings – changes to the garnishment procedure

A&O Shearman on

Banks will no longer block new amounts credited to the debtor’s accounts after a competent court decides upon the suspension of the enforcement proceedings, following recent decision of the High Court of Cassation and Justice...more

Rumberger | Kirk

Show Me the Money - Maximizing Monetary Recovery in the Wake of Insurance Fraud

Rumberger | Kirk on

Insurance fraud negatively impacts everyone. It drives up the costs of doing business, along with everyone’s premiums. In fact, according to the National Insurance Crime Bureau, insurance companies saw a 102% increase in this...more

Dickinson Wright

Cash Value of Life Insurance Policy Exempt From Garnishment

Dickinson Wright on

DC Mex Holdings LLC v Affordable Land LLC and Dale Fuller, ___ Mich. App. ___ (July 25, 2017), Case no. 332439 - Michigan’s Court of Appeals recently issued an opinion interpreting a statutory provision exempting insurance...more

Robins Kaplan LLP

Arbitration Enforcement? The Potential Expansion of Debt Collection

Robins Kaplan LLP on

There’s a storm brewing in the Southern District of Florida, and plaintiffs’ attorneys are hoping it rains. Last week, a federal magistrate judge issued an order for the parties to submit supplemental authority on the...more

Ballard Spahr LLP

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

Ballard Spahr LLP on

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

Best Best & Krieger LLP

Bankruptcy Procedure in the Context of Turnover and Preference Law

In the course of collections activities, a creditor can become singularly focused on aggressively pursuing enforcement of a debt by levying against the debtor’s property or by demanding and receiving payment from the debtor....more

Womble Bond Dickinson

D.C. Circuit Limits Government's Ability to Collect on Personal Debt by Garnishing Assets of Closely Held Corporation, Reverses...

Womble Bond Dickinson on

On July 8, 2016, the D.C. Circuit clarified the limits of the Federal Debt Collection Procedures Act (FDCPA). The Court held under D.C. and federal law that the government cannot satisfy a judgment against a co-owner and...more

Burr & Forman

Federal Court Declares Georgia’s Statutory Garnishment Process Unconstitutional

Burr & Forman on

On September 8, 2015, United States District Judge Marvin H. Shoob declared Georgia’s statutory garnishment process unconstitutional in Strickland v. Alexander, No. 1:12-CV-02735-MHS (N.D. Ga. Sept. 8, 2015) (granting summary...more

13 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide