Monthly Archives: November 2014

Is an unanswered call a “communication”

That is the question answered in this opinion where the court set aside its previous judgment and ruled (correctly IMHO) for the Defendant.  I am surprised that an unanswered call could ever be considered a communication under the FDCPA, but … Continue reading

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Footnote 4

Read footnote 4 of this opinion.  The Plaintiff’s case was probably a loser anyway, but one way to really piss off a court is to look like you are trying to hide the facts that are against you.  The Plaintiff’s … Continue reading

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FDCPA trials

You don’t see much discussion of the details of FDCPA cases that go to trial.  It is actually a pretty rare thing. In this case , from across the river in Indiana, you have a pre-trial ruling on some motions by … Continue reading

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Messages

Leaving voice mail messages is an area fraught with danger for debt collectors. Here, the collector left the “this is a debt collector” language on the message.  The court ruled in the collector’s favor, but noted that courts have gone … Continue reading

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Model trains as motive for murder

An interesting case I came across while doing some other research.

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Rule 68 offers

Once again we have a court opinion making the point that for a Rule 68 offer to moot a case and deprive the court of jurisdiction, the offer must completely satisfy all requested relief to which the Plaintiff has demanded … Continue reading

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Plea bargaining

I detest that so much of the US criminal justice system depends on plea bargains.   This is a good summary of my feelings.

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