Monthly Archives: December 2014

Its the little things….

that will cause collection attorneys the most problems.  Simple clerical errors generate an amazing number of FDCPA claims.  The lesson here is…attention to detail. Advertisements

Posted in Legal | Tagged , , , | Leave a comment

Time-barred debt

It is well established that filing suit on time barred debt is an FDCPA violation.  A small crack in that well established rule shows up in this opinion from the Federal District Court in the Southern District of California.  In … Continue reading

Posted in Legal | Tagged , , , , | Leave a comment

A rare “Kelo” victory

The city of Philadelphia has abandoned efforts to condemn an artist’s studio to then transfer the land to a supermarket chain.  Yea. However, I suspect that if the intended victim wasn’t a renowned artist, the outcome would have been quite … Continue reading

Posted in Legal | Tagged , , , , | 1 Comment

Parking fines

In general parking fines aren’t debts under the FDCPA.  However, this court extends that logic to apply to fines and fees imposed by a private parking lot.  Glad to see a creditor win one, but I have to say I … Continue reading

Posted in Legal | Tagged , , , , , , | 1 Comment

A bad decision out of Oregon

This decision is troubling.  The intersection of court filings and orders and “communications with the debtor” are an area where some major reform of the FDCPA is in order.  This decision places the creditor’s attorney in a no-win situation.

Posted in Legal | Tagged , , , , , , | Leave a comment

Is this justice?

This is an extremely interesting story.  I am not sure, given the Defendant’s behavior that the punishment fits the crime.  Personally, I would have liked to see if there was a way to put the Defendant’s talents to better use. … Continue reading

Posted in Legal | Tagged , , , , , | Leave a comment

Rooker-Feldman

A recent decision of the Federal District Court for the Northern District of Illinois makes the point that for the Rooker-Feldman doctrine to bar a federal court FDCPA case, the defendant in the state court action must have had a … Continue reading

Posted in Legal | Tagged , , , , | Leave a comment