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Supreme Court cases (2000-2009) - Debt Collection law

From lawbrain.com

The area of debt collection law covers a broad range of permissible remedies and their enforcement through civil and criminal actions such as judgments, liens, garnishments, collections, and credit reporting, to name a few. Federal and state law, both address the procedures by which an obligation can be enforced. The Supreme Court cases deal with federal law, or principles of federal pre-emption when federal laws and state laws are in conflict. For more US Supreme Court cases, you may wish to visit the FindLaw US Supreme Court Center.

Contents

Safeco Ins. Co. of Am. v. Burr (2007)

In the context of the Fair Credit Reporting Act (FCRA), which requires notice to any consumer subjected to "adverse action...based in whole or in part on any information contained in a consumer [credit] report" and imposes civil liability on one who "willfully fails" to provide such notice, willful failure covers a violation committed in reckless disregard of the notice obligation.

Arkansas Dep't of Health & Human Servs. v. Ahlborn (2006)

Federal Medicaid law does not authorize a state's department of health services to assert a lien on a settlement in an amount exceeding the portion of the tort claimant's settlement constituting reimbursement for medical payments made, and a federal anti-lien provision affirmatively prohibits it from doing so. State third-party liability provisions are unenforceable insofar as they compel a different conclusion.


Ministry of Def. & Support for the Armed Forces of the Islamic Republic of Iran v. Elahi (2006)

Judgment involving a private citizen's attempt to attach an asset belonging to Iran's Ministry of Defense in order to help satisfy a judgment for money damages is vacated where the court of appeals erred in applying an "engaged in commercial activity" exception to the Foreign Sovereign Immunities Act (FSIA).


Lockhart v. United States (2005)

The United States may offset Social Security benefits to collect a student loan debt that has been outstanding for over 10 years.


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