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Debt Collection

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The district attorneys of several counties served Alorica with an investigative subpoena to produce records regarding it debt collection practices and in particular with respect to its collections for a national bank.  Held, the subpoena was properly enforced.  That Alorica claims not to be a debt collector within the meaning of the Rosenthal Fair Debt Collection Practices Act is no… Read More

Threatening or filing suit on a time-barred debt is a misleading and unfair debt collection practice violating 15 USC 1692e and 1692f.  To allege and prove a violation of those sections, the debtor need not allege or prove that the debt collector knew the debt was time-barred.  However, the debt collector may be able to establish an affirmative defense of… Read More

(A creditor need not prove that it was harmed or that the debtor was rendered unable to pay his debt to the creditor in order to prevail in seeking to set aside a transfer of the debtor's property on the ground the transfer was made with actual intent to defraud creditors under Civ. Code 3439.04(a)(1). Read More

If a foreclosure plaintiff seeks not only to foreclose on the property but also to recover the remainder of the debt through a deficiency judgment, then the plaintiff is attempting to collect a debt within the meaning of the FDCPA.  But if the plaintiff is simply enforcing a security interest by retaking or forcing a sale of the property, without… Read More

In a class action under the Fair Debt Collection Practices Act, statutory damages are limited to the lesser of $500,000 or 1% of the defendant's net worth, and the net worth calculation is the plaintiff’s burden to prove just as all the other elements are. Read More

A collection attorney engages in debt collection for purposes of the Fair Debt Collection Practices Act when he pursues judicial foreclosure because that proceeding allows for the collection of a deficiency judgment—unlike a nonjudicial foreclosure, the sole goal of which is to retake property given as security. Read More

Borrower stated viable Fair Debt Collection Practices Act claim against loan servicer, which acquired the loan while it was in default, included improper fees in the reinstatement amount it quoted, and kept treating the loan as delinquent and pursued non-judicial foreclosure after the borrower had paid the reinstatement sum in full. Read More

In collections suit, collection agency plaintiff was held to Delaware’s three-year statute of limitations—which was the jurisdiction selected in the credit card account agreement’s choice of law clause—as opposed to the four-year limitations period in California, where the suit was brought. Read More

Defendant was sufficiently engaged in collection efforts to qualify as a debt collection agency and hence did not run afoul of the Fair Debt Collection Practices Act’s prohibition on creating the false belief in a consumer that a person other than the creditor is participating in the collection of the debt. Read More

Lenders and loan servicers who act to collect on conventional real-estate-secured loans are "debt collectors" for purposes of California's Rosenthal Fair Debt Collection Practices Act. Read More

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