Two recent decision, one by the U.S. Supreme Court and one by the KY Court of Appeals are of interest to collection lawyers.
The U.S. Supreme Court case, found here, makes clear that the FDCPA exception for bona fide error does not include mistakes of law. This is important to retail collection attorneys since up to now there was a split among the lower courts as to whether this was the case. Interestingly enough, the Supreme Court refused to answer the underlying question, namely, does demanding that any dispute be made “in writing” violate section 1692(g) of the FDCPA.
The Kentucky Court of Appeals just handed down a decision here, regarding CR 15.04 and what trial courts can do regarding supplemental proceedings in an effort to enforce judgments already entered by the trial court. While the facts of the case are unique, the language contained in the decision will probably be helpful to collection attorneys in Kentucky in the future.