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  • Motion for Summary Judgment: A Guide for New Yorkers
    Motion for Summary Judgment: A Guide for New Yorkers

    What is a Motion for Summary Judgment? A motion for summary judgment is a legal procedure that allows a party to a lawsuit to ask the court to decide the case in their favor without a trial. The ...

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  • 15 FAQ’s about Statute of Limitations, Debt Collection, and Credit Reporting
    15 FAQ’s about Statute of Limitations, Debt Collection, and Credit Reporting

    1) What is the statute of limitations? The statute of limitations is the time period in which a plaintiff has the legal right to sue. It starts from the date of your missed minimum payment. If a ...

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  • 50 Reasons to Sue your Debt Collector under Federal Law
    50 Reasons to Sue your Debt Collector under Federal Law

    The below is a list of 50 clear violations of the Fair Debt Collection Practices Act. [1] Most of these are in the collection-litigation landscape. This list was first inspired by only one ...

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  • CFPB Stiffly Penalizes Midland Funding and Portfolio Recovery Associates for Collection Defects
    CFPB Stiffly Penalizes Midland Funding and Portfolio Recovery Associates for Collection Defects

    The Consumer Financial Protection Bureau ("CFPB"), the federal government's consumer-protection muscle levied stiff penalties against Encore Capital Group (the parent to Midland Funding, LLC and ...

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  • Portfolio Recovery Associates May Not Send Consumers "Pre-Suit Packages," Says Court
    Portfolio Recovery Associates May Not Send Consumers "Pre-Suit Packages," Says Court

    In this case [1], before the court on the plaintiff's motion for summary judgment for violations of the Fair Debt Collection Practices Act ("FDCPA"), debt buyer Portfolio Recovery Associates had sent ...

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  • Malen & Associates Loses Bid to Limit Portfolio Recovery v King to Post-2010 Cases
    Malen & Associates Loses Bid to Limit Portfolio Recovery v King to Post-2010 Cases

    As we reported in Making Statutes of Limitations Work for You, Portfolio Recovery Assoc. v. King, a 2010 New York Court of Appeals decision, sent ripples through the debt collection industry because ...

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