Don’t try to collect time-barred debt

Just don’t do it.

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Credit reporting and the FDCPA

This case is good news for creditors as it indicates that, at least in some circumstances, the amount reported to the credit reporting agency can differ from an amount on a demand letter or suit and not be an FDCPA violation.

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California and the Confederate flag

Just when you think legislators couldn’t get any dumber, you get this.  I guess all the other problems in California were already solved, like the budget and illegal immigration.

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Wells Fargo

The CFPB is not my favorite federal agency, and in fact I question its constitutionality, but clearly there is some need for some oversight.  See story here.

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FDCPA and Bankrupcty

The 8th Circuit joins the 2nd Circuit in holding that filing a proof of claim on time-barred debt isn’t an FDCPA violation. See here. This is in contracts to the holding of the 11th Circuit which holds that it is.  Clearly the Supreme Court will eventually have to resolve this issue.

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Creditor does not have to intend to go to trial

The 7th Circuit confirms what makes logical sense, a creditor does not have to intend to go to trial on every case they file.  Therefore dismissing some cases prior to trial does not constitute an FDCPA violation.

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Copyrighting Klingon

One of the great legal briefs of all time.

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