Subrogation, Debt Collection, and Consumer Protection - UPDATED 2023
Presented by Katherine Sandoval with Matthiesen, Wickert & Lehrer, a national subrogation law firm, on 8/30/23.
Over the past decade, the law of subrogation has begun to branch out in a new and potentially problematic direction - debt collection and consumer protection. Spurred on by the efforts of third parties and insureds to collaterally attack valid subrogation claims, numerous federal courts have taken up the question: Does the Fair Debt Collection Practices Act (FDCPA) apply to subrogation recovery efforts, and, if so, when? Similarly, several states have addressed similar claims relative to their own debt collection, consumer protection, and trade practices laws. At this critical juncture, it is imperative that anyone engaged in the pursuit of subrogation claims, whether in-house claims personnel, third-party administrators or attorneys, make an effort to learn the current state of the law, when and how the FDCPA might apply, and what may be required if and when it does. This course is designed to provide a comprehensive overview of the FDCPA, prevailing case law pertaining to its application to subrogation activities, and a summary of similar state law issues beginning to take root across the country.
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Пікірлер: 7
Considering every court process is a debt collection, this video should have a billion hits. #Verification of the debt (or) a certified copy of the judgment
Colorado Case Law: The case of Ybarra v. Greenberg & Sada, P.C. in the Colorado Court of Appeals held that a subrogation claim arising from tortious activity (like an accident) does NOT qualify as a debt under the CFDCPA because it lacks a transactional element.
Thank you for sharing 😊
12:40 "you can't say you're going to sue the Debtor" because they cannot sue.
I wonder if i can utilize equitable subrogation to remove a lien placed upon me after a transit police officer injured me, now the police officer is claiming to be injured?
@Nash4Nashville
4 ай бұрын
you conditionally accept the offer upon proof of claim. Demand he give the nature and cause of the claim in a sworn Affidavit. That'll be tge end of it The lack the commercial energy to lay claims.