9 results for 'cat:"Debt Collection" AND cat:"Due Process"'.
J. Virden finds the county court improperly denied the estate’s petition for a writ to revive a deficiency judgment obtained during foreclosure proceedings against debtors to the estate. The 10-year period for revival did not begin to run from the date of the initial foreclosure decree, but from that of the deficiency judgment. The decree did not dismiss the parties from the case or put the judgment into execution. Reversed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: May 8, 2024, Case #: CV-23-200, Categories: debt Collection, due Process, Banking / Lending
J. Silva denies a pro se individual’s petition for writ of mandamus in connection with two of his prior pleadings regarding the trial court judge, court employees, debt collectors, and service of process. The appeal will remain pending, but the individual has not met the burden to obtain this relief.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: January 19, 2024, Case #: 13-23-00598-CV, Categories: debt Collection, due Process
J. Jenkins vacates the trial court's judgment annulling the default judgment to the lumber supplier and awarding a judgment in favor of the builder. In this case, the supplier's due process rights related to notice of trial were violated because there is nothing in the record showing that notice of the trial date was issued directly to it. The notice was only provided to its former counsel who was ineligible to practice law. Vacated.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: November 28, 2023, Case #: 2023-CA-0186, Categories: Civil Procedure, debt Collection, due Process
J. Goldstein finds that the lower court properly ruled in favor of the bank in this debt collection case. The customer contends that his due process rights were violated when he was given the wrong information about the trial setting by someone in the "administrative office," specifically when he was told that the trial was no longer scheduled for a certain date. However, he failed to preserve the issue for appellate review by raising it in the trial court. Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: November 28, 2023, Case #: 05-22-00883-CV, Categories: Civil Procedure, debt Collection, due Process
J. Golemon finds the trial court improperly entered summary judgment in favor of the debtor in this suit brought by the factoring company that purchased the debt which was then paid directly to the company from which the debt was purchased. The debtor was not entitled to judgment as a matter of law on its claim that the factoring company should be quasi-estopped from pursuing its claims. The factoring company was entitled to judgment as a matter of law on its claim that the debtor was required to make payments to it because the debtor did not make payments. Reversed and rendered in part. Reversed and remanded in part.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: October 12, 2023, Case #: 09-22-00376-CV, Categories: debt Collection, due Process, Contract
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J. Walker finds that the lower court properly dismissed the debtor's due process claims stemming from the lender's service of process in its attempt to collect on a debt. The debtor participated in this litigation for years without raising any objections to jurisdiction, indicating he waived his objections.
Court: Illinois Appellate Court, Judge: Walker, Filed On: September 29, 2023, Case #: 220067, Categories: debt Collection, due Process
J. Baldwin grants the debtor's request to extend discovery in this fair debt collection proceeding. The deposition of the collector's witness was taken just one week prior to the current discovery deadline. It was then that the debtor learned of the collector's recordkeeping practices, its telephone service provider, and the collections caller. Given that the debtor was only recently granted leave to amend, her complaint is anew and the responsive pleadings and defenses are unknown. It would have been impossible to conduct substantial discovery earlier.
Court: USDC Nevada, Judge: Baldwin , Filed On: September 19, 2023, Case #: 3:23cv71, NOS: Consumer Credit - Other Suits, Categories: debt Collection, due Process, Discovery
J. Stiglich finds the district court properly found that the bank did not comply with the statutory procedure to renew a judgment against the debtor. Though the bank provided electronic notice of an affidavit of renewal to counsel, it did not provide timely notice by certified mail to the debtors. The court declines to hold that substantial compliance may satisfy the certified mail requirement. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: September 14, 2023, Case #: 84304, Categories: debt Collection, due Process, Banking / Lending